Akshay Kumar And Anr vs State Of Uttarakhand And Another

Pankaj Purohit, J

By means of the present C528 application, the applicants have put to challenge the FIR No.244 of 2024, under Sections 109, 126(2), 3(5), 49 of

B.N.S., 2023, Section 7 of Criminal Law (Amendment)Act, 1934 and Section 30 of Arms Act, 1959 along with Charge Sheet No.1 of 2024 dated

01.11.2024 submitted by the Police, after investigation pursuant to the aforesaid FIR and sections.

Brief facts of the case from the FIR are that on 24.09.2024 a Police Officer received a call about individuals blocking a road near Dugadda,

Kotdwar and threatening passers by. On reaching at the spot Police officers found two men obstructing the road while firing at people. The accused

were arrested and charged with various offences, including rioting, unlawful assembly and possession of a firearm.

It is submitted by learned counsel for the applicants that they have been falsely implicated in the aforesaid incident and no such incident happened,

so there is no question of sustaining any injury by any person.

From perusal of the FIR, on the basis of which a charge sheet was filed after investigation, it is transpired that there are serious allegations in the

FIR against the applicants which issue is required to be looked into by the court of law.

This Court while hearing the application under Section C528 of B.N.S.S. 2023 cannot embark upon sifting of the evidence and cannot decide the

disputed question of facts, which can only be decided once the evidence is adduced by the parties. Police after due investigation has submitted charge

sheet against the applicants and prima facie case is made out against them. It is a trite law that the power under Section 528 B.N.S.S. 2023 shall be

used sparingly in “rarest of rare casesâ€​. This case does not fall in the category of “rarest of rare caseâ€​.

In this view of the matter, the C528 application is dismissed in limine.