WPCRL/984/2024
2024 Latest Caselaw 1985 UK

Uttarakhand High Court

WPCRL/984/2024 on 3 September, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                          2024:UHC:6345
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                                      WPCRL No. 984 of 2024
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Arjun Arora, learned counsel for the petitioners.

2. Mr. Sandeep Sharma, learned Brief Holder for the State.

3. Mr. Aditya Singh, learned counsel for the respondent no. 3.

4. By the instant writ petition, petitioners are praying for quashing of the FIR dated 26.08.2024 bearing FIR No. 0296 of 2024 Police Station Kunda District - Udham Singh Nagar, wherein petitioners have been implicated for the offences punishable under Section 115 (2), 127 (2), 131, 134, 190, 191 (2), 191 (3), 351 (2) of the BNS, 2023.

5. Learned counsel for the petitioners submits that investigation is still going on and maximum sentences in all the offences are less than 7 years, therefore, present matter may be decided in terms of judgment rendered by Hon'ble Supreme Court in the case of Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273. He further submits that present writ petition may be disposed of with a direction to the Investigating Officer to conclude the investigation, after following the procedure as prescribed under Section 35 (3) of the BNSS, 2023.

6. Learned State Counsel as well as learned counsel for the respondent no. 3 - Mr. Aditya Singh also fairly submits that the petition can be disposed of, since all the offences are punishable for less than 7 years.

7. In view of the submission as advanced by learned counsel for the petitioners as well as learned State Counsel and learned counsel for the respondent no. 3 - complainant, present petition is disposed of with a direction to the Investigating Officer to conclude the investigation of FIR dated 26.08.2024 bearing FIR No. 0296 of 2024, Police Station Kunda District - Udham Singh Nagar for the offences punishable under Section 115 (2), 127 (2), 131, 134, 190, 191 (2), 191 (3), 351 (2) of the BNS, 2023 after following the procedure as prescribed under Section 35 (3) of the BNSS, 2023.

(Rakesh Thapliyal, J.) 03.09.2024 SKS 2024:UHC:6345

SATYENDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=0ae29206736743e1dbac130112ec0ecf08e055 10bf453a3831b775c37aaef013, postalCode=263001,

K SHARMA st=UTTARAKHAND, serialNumber=D399BE9D4085860FEA4EC70D33810048 385B41426ED344626DCE3F13245AD17E, cn=SATYENDRA K SHARMA Date: 2024.09.06 17:15:19 +05'30'