Anvar vs State Of Uttarakhand And Others
2023 Latest Caselaw 2843 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1354 of 2023
Anvar                                                  ....Petitioner

                                Versus

State of Uttarakhand and Others                      ....Respondents

Present:-
             Mr. Tajhar Qayyum, Advocate for the petitioners.
             Mr. V.S. Rawat, Brief Holder for the State.


                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.0149 of

2023, under Sections 147, 148, 307, 323, 354, 452, 504 and

506 IPC, Police Station Seheshpur, District Dehradun, with

related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 05.06.2023, at 3:30

PM, the petitioner along with other co-accused entered into

the house of the informant; abused, misbehaved, molested

the female family members and attacked them mercilessly.

The FIR is quite in detail. It records that Gulfam is seriously

injured. Sajid was also hit on his head by a rod.

4. Learned counsel for the petitioner would submit

that there is no specific role of the petitioner in the FIR; there

is a civil dispute between the parties; the petitioner did not

commit any offence. He was merely a passenger in the front

seat of the vehicle.

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. Apart from the other averments stated in the

FIR, it has also been recorded that the petitioner along with

the co-accused tried to kill Gulfam by crushing him beneath

their vehicle. Twice the vehicle was run over the legs of

Gulfam.

7. The FIR discloses commission of offence. In fact,

it discloses commission of very serious offence. What is the

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.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 25.09.2023 Ravi Bisht