WPCRL/327/2024
2024 Latest Caselaw 2105 UK

Uttarakhand High Court

WPCRL/327/2024 on 12 September, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                    2024:UHC:6639
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                               WPCRL No. 327 of 2024
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Prakash Chandra, Advocate for the petitioner.

2. Mr. Saurabh Pandey, Brief Holder for the State of Uttarakhand.

3. An FIR has been registered against petitioner in Police Station Jhabrera, District Haridwar, on 13.12.2023. Since petitioner is apprehending arrest, therefore, he has filed this writ petition, seeking the following reliefs:-

"I. Issue a writ order or direction in the nature of Certiorari quashing the impugned F.I.R. dated 13.12.2023 registered as Case Crime No. 636 of 2023 under Sections 427, 447, 504, 506 IPC PS Jhabrera District Haridwar.

II. Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in Case Crime No. 636 of 2023 under Section 427, 447, 504, 506 IPC PS Jhabrera District Haridwar till the pendency of present petition."

4. Learned State Counsel submits that notice under Section 41A CRPC has been issued to petitioner and charge-sheet has also been filed in Court, on 16.06.2024, therefore, the apprehension of arrest expressed by petitioner, is unfounded.

5. Learned counsel for petitioner submits that petitioner has filed a civil suit against respondent no. 3 and 2024:UHC:6639

respondent no. 3 has lodged FIR giving criminal colour to a civil suit.

6. I have gone through the impugned FIR, which is on record as Annexure-1 to the writ petition. From perusal of the FIR, it cannot be said that no offence is made out against petitioner. Scope for interference with an FIR under Article 226 of the Constitution is very limited, as held by Hon'ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & others; reported in AIR 2021 SC 1918. None of the parameters, laid down in the said judgment, are met in this writ petition.

7. The writ petition fails and is dismissed. No order as to costs.

(Manoj Kumar Tiwari, J.) 12.09.2024 Navin

NAVEEN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df00 6da82a131bb4e4403d3c0a15, postalCode=263001,

CHANDRA st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8756 43AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2024.09.12 18:03:58 +05'30'