Vipin @ Vinay Kumar And Another ... vs State Of Uttarakhand And Others
2023 Latest Caselaw 3430 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1560 of 2023
Vipin @ Vinay Kumar and Another                         ....Petitioners
                                 Versus

State of Uttarakhand and Others                       ....Respondents

Present:-
             Mr. Gaurav Singh, Advocate for the petitioners.
             Ms. Manisha Rana Singh, A.G.A. for the State.

                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioners seek quashing of FIR No.938 of

2023, under Sections 147, 148, 149, 302, 323, 452, 504 and

506 IPC, Police Station Manglour, District Haridwar, with

related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 31.10.2023, at 6:30 in

the evening, the aunt of the informant, Roshan, had an

altercation with the petitioners and others. The petitioners

entered into the house of the aunt of the informant, abused,

assaulted and threatened her to life. Thereafter, the co-

accused, armed with Saria and Danda, attacked the brother

of the informant indiscriminately, due to which he sustained

serious injuries. He was taken to hospital, where he was

declared dead.

4. Learned counsel for the petitioner would submit

that with regard to the killing of Surya, the petitioner no.2,

Rajkali has no role. He would submit that anticipatory bail

application is also not maintainable insofar as offence under

Section 302 IPC is concerned.

5. Learned State Counsel would submit that the

involvement of the petitioners is reflected by the perusal of the

FIR.

6. It is a writ petition under Article 226 of the

Constitution of India. In case, the FIR discloses commission of

offence, generally, no interference is warranted unless there

are compelling circumstances to do so.

7. The FIR is in two parts. The first incident

allegedly took place on 31.10.2023, at 6:30 PM, and when the

petitioners forcibly entered into the house of Roshan, they

abused, assaulted and threatened her to life, and thereafter,

in another incident, the petitioner no.1 Vipin, along with some

other persons, armed with sword, saria and danda, attacked

the brother of the informant, due to which, he succumbed to

the injuries.

8. The FIR definitely discloses commission of very

serious offences. A person has been killed in the incident.

What is its truthfulness and credibility, it would fall for

scrutiny during investigation or trial, as the case may be.

Therefore, this Court is of the view that there is no reason to

make any interference. Accordingly, the petition deserves to

be dismissed at the stage of admission itself.

9. The petition is dismissed in limine.

(Ravindra Maithani, J.) 09.11.2023 Ravi Bisht