Gagandeep Singh vs State Of Uttarakhand And Another
2023 Latest Caselaw 3099 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1422 of 2023
Gagandeep Singh                                       ....Petitioner

                                Versus

State of Uttarakhand and Another                    ....Respondents

Present:-
             Mr. Harshpal Sekhon, Advocate for the petitioner.
             Mr. M.A. Khan, A.G.A. with Mr. Vipul Painuly, Brief Holder
             for the State.
             Mr. Amit Kapri and Mr. Ravi Bisht, Advocate for the
             Caveator.


                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.315 of

2023, under Sections 307 and 504 IPC, Police Station

Sitarganj, District Udham Singh Nagar, with related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 30.09.2023, at about

11:30 PM, co-accused Sarabjeet Singh, along with some other

friends, approached at the Dhaba run by the informant and

opened indiscriminate firing. One Mohar Singh was injured.

4. Learned counsel for the petitioner would submit

that the petitioner was not present at the place of incident. He

was at his residence.

5. 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.

6. The petitioner is not named in the FIR. The

Court fails to appreciate as to why the petition has been filed.

The FIR is recorded with regard to an incident of

indiscriminate firing alleging that a person has also sustained

injuries. A paper cutting has been filed as Annexure No.3 by

the petitioner to reveal that, in fact, one named accused has

already been arrested. The Investigating Officer would

definitely investigate the matter to collect the evidence as to

whether any other person was involved, and if so, the extent

of involvement. If the petitioner is ever approached by the

Investigating Officer in the matter, he can very well place all

those materials, which the petitioner proposes to place in

this writ petition, with regard to the plea of alibi.

7. The FIR, in the instant case, definitely discloses

commission of very heinous offences, i.e. indiscriminate firing

in a Dhaba. 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.

8. The petition is dismissed in limine.

(Ravindra Maithani, J.) 12.10.2023 Ravi Bisht