WPCRL/319/2025
2025 Latest Caselaw 3629 UK

Uttarakhand High Court

WPCRL/319/2025 on 16 April, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                         WPCRL No.319 of 2025
                                         Hon'ble Pankaj Purohit, J.

Mr. Bhupesh Kandpal, learned counsel for the petitioners is present.

2. Mr. S.C. Dumka, learned AGA and Ms. Sweta Badola Dobhal, learned Brief Holder for the State are present.

3. By means of this writ petition, petitioners have impugned the FIR numbered as 0140 of 2025 dated 30.03.2025, lodged under Sections 115(2), 318(4), 351(3), 352 of B.N.S., 2023 and Section 3(1)(n) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "The Act, 1989), registered at P.S. Bahadrabad, District Haridwar.

4. It is argued by learned counsel for the petitioners that offences imputed against the petitioners carry a punishment maximum to seven years, therefore, the writ petition can be disposed of in the light of judgment of Apex Court in Arnesh Kumar Vs. State of Bihar and another reported in (2014) 8 SCC

5. This Court undoubtedly can do so, but only after the respondent no.4 appears before the Court, since the hands of the Court are tight due to the provisions contained under Section 15A of the Act, 1989.

6. In this view of the matter, issue notice to the respondent no.4-Nahar Singh, returnable within a week at this stage.

7. Learned counsel for the petitioner is permitted to serve respondent no.4 by all permissible modes including dasti and electronic mode. Steps be taken within three days.

8. List on 23.04.2025, by which time, petitioners may file an affidavit of service upon respondent no.4.

(Pankaj Purohit, J.) 16.04.2025 AK