Sohan Singh vs State Of Uttarakhand And Others
2023 Latest Caselaw 1287 UK

Citation : 2023 Latest Caselaw 1287 UK
Judgement Date : 9 May, 2023

Uttarakhand High Court

Sohan Singh vs State Of Uttarakhand And Others on 9 May, 2023

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.629 of 2023
Sohan Singh                                         ....Petitioner

                              Versus

State of Uttarakhand and Others                  ....Respondents

Present:-
            Mr. Tapan Singh, Advocate holding brief of Mr. Sanjay
            Kumar, Advocate for the petitioner.
            Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief
            Holder for the State.

                           JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.0569 of

2022, dated 13.09.2022, under Sections 376, 504 and 506

IPC and Section 5/6 of the Protection of Children from Sexual

Offences Act, 2012, Police Station Kashipur, District Udham

Singh Nagar, with related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the petitioner would submit

that it is a false case; there is no material even to entertain

the FIR by the Investigating Officer; the FIR is liable to be

quashed.

4. Learned State Counsel would submit that

coercive methods have already been adopted against the

petitioner, which include processes under Sections 82 and 83

of the Code of Criminal Procedure, 1973 ("the Code").

5. The petitioner has given details of the action,

which he undertook in the matter. In a chronology, it is as

hereunder:-

(i) He moved an application for

surrender before the court of FTC/Additional

District and Sessions Judge (POCSO),

Rudrapur, District Udham Singh Nagar. But, on

21.04.2023, he did not press it and it was

rejected.

(ii) The petitioner filed a writ petition

in the matter, which was withdrawn by him on

31.03.2023.

(iii) An anticipatory bail application

was filed, which was rejected on 05.04.2023.

(iv) The second anticipatory bail

application was filed by the petitioner, which

was rejected on 27.04.2023. This fact was then

also before the Court that coercive methods

have already been adopted to ensure the

presence of the petitioner. In Para 8 of the order

dated 27.04.2023, the Court observed as

hereunder:-

"8. In the instant case, the Investigating Officer has recorded that the applicant has been evading his arrest. Nonbailable Warrants have already been issued against him by the court of competent jurisdiction. He is absconding at this stage."

6. Now, again the petitioner is rolling back the

wheels and has filed the instant writ petition. This is gross

abuse of the process of Court. The petitioner is evading his

arrest. He has, on multiple occasions, raised the issue. His

first writ petition has been dismissed as withdrawn. Two

anticipatory bail applications have been dismissed one after

the other. And now, instant writ petition has been filed. At the

cost of repetition, it may be stated that according to the

prosecution , processes under Sections 82 and 83 of the Code

have already been issued against the petitioner. Therefore,

there is no reason to entertain the writ petition. The petition

deserves to be dismissed at the stage of admission itself.