WPCRL/1234/2023
2023 Latest Caselaw 2684 UK

Citation : 2023 Latest Caselaw 2684 UK
Judgement Date : 13 September, 2023

Uttarakhand High Court

WPCRL/1234/2023 on 13 September, 2023

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                  COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPCRL 1234/2023
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Salman Khurshid, Senior Advocate, assisted by Mr. Aadil Boparai and Mr. Gaurav Kandpal, Counsel for the petitioners.

Mr. M.A. Khan, AGA, for the State/respondent no. 1 to 3.

(2) Petitioners have sought quashing of FIR No. 77 of 2023 registered against them in PS Buggawala, District Haridwar for the offences punishable under Sections 120-B, 211, 388, 389, 500, 506 IPC. (3) Learned Senior Counsel appearing for the petitioners contended that a property dispute has been given colour of criminal offence in the FIR; necessary ingredients of the offences punishable under Section 383 and 388 IPC are missing and at best, the case under Section 506 IPC can be said to be made out. Reliance has been placed on the judgment of Hon'ble Supreme Court rendered in the case of Isaac Isanga Musumba & Others v. State of Maharashtra, reported as (2014) 15 SCC

(4) It is further contended on behalf of petitioners that an FIR containing similar allegations against the petitioners, though was lodged by different person but he was acting in tandem with the present complainant, was quashed by the Hon'ble Supreme Court vide order dated 10.2.2023, passed in Criminal Appeal No. 405 of 2023. Copy of the said order has been enclosed as Annexure-5 to the writ petition.

(5) Issue notice to private respondent no. 4 returnable within four weeks. Steps be taken within 48 hours.

(6)      List on 30.10.2023.
(7)       In the meantime, no coercive

step shall be taken against the petitioners pursuant to the impugned FIR, provided petitioners cooperate in the pending investigation and appear before the Investigating Officer as and when required.

(8) Stay application (IA/1/2023) stands disposed of.

(Manoj Kumar Tiwari, J.) 13.9.2023 Pr