Balbeer Singh vs State of Uttarakhand and others

U.C. Dhyani, J.—Heard. By means of the present writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought quashing of the First Information Report dated 26.03.2012 relating to offences punishable under Sections 147, 504 & 506 IPC at police out post Sidcul, Police Station, Rudrapur, District Udham Singh Nagar.

Respondent no. 3 Resham Singh lodged an FIR on 26.03.2012 at about 13:35 p.m. against four named persons along with 8-10 unknown persons which was registered as Case Crime No. 16 of 2012, FIR No. 29 of 2012 under Sections 147, 504 & 506 of IPC at Police Station Rudrapur, District Udham Singh Nagar.

It is alleged in the FIR that when the complainant along with her victim sister namely Km. Manpreet Kaur were going to attend the District / Session Court on 26.03.2011 for giving their evidence in a pending case State versus Ankit and others under Sections 363, 366, 376(6) of IPC at Police Station Kunda, FIR No. 127 of 2011 then at about 10:30 a.m. some relatives namely Ankur s/o Narendra Singh r/o Bajpur, J.P. Nagar; Jabar Singh s/o Kesari Singh r/o Nagarpur; P.S. Mudapandey, Dayal Singh, Veeru Singh Residents of Ajitpur, P.S. Kashipur and other 8-10 unknown persons of accused Rinku, Arvind and Ankit came there and started abusing the complainant along with his victim sister and further asked them to give evidence in favour of the accused persons, otherwise the complainant, his sister and entire family will be killed.

Learned counsel for the petitioner argued that from perusal of the FIR, it is clear that the petitioner is not named in the FIR. The petitioner''s real name is Balbeer Singh s/o Sewa Singh r/o Village Dhabora Mustkeem, Hariyana Farm, Dhabora Tanda, Kashipur, District Udham Singh Nagar presently residing at Village Nastar Nagar, Ajitpur, Udham Singh Nagar.

It is further argued that the petitioner is also called as Veeru (nick name) by some of his nearest persons in village and merely on this ground the concerned police are trying to arrest the present petitioner in the aforesaid case.

It is also submitted by learned counsel for the petitioner that no offence has been committed by the present petitioner as alleged in the FIR.

The concerned police is neither trying to arrest the main culprit of the aforesaid case nor identifying the same whose name is Veeru and merely on the ground that some of the nearest persons of the petitioner also call him as Veeru, the police is trying to implicate the petitioner in aforesaid crime which has not been committed by him. There is no criminal history of the present petitioner.

Mr. S.S. Adhikari, learned AGA opposed the writ petition.

Having considered submissions of learned counsel for the petitioner and learned counsel for the State, this Court is of the opinion that it is not a fit case in which a writ in the nature of certiorari should be issued to quash the FIR dated 26.03.2012 relating to offences punishable under Sections 147, 504 & 506 IPC R.O.P., Sidcul, P.S. Rudrapur, District Udham Singh Nagar. The writ petition is accordingly dismissed summarily at the admission stage itself.

Learned counsel for the petitioner made an alternative prayer for directing the Magistrate concerned to dispose of the Bail Application of the petitioner as expeditiously as possible.

The alternate prayer seems to be innocuous, hence the same should be allowed.

Learned counsel for the petitioner submitted that applicant Balbeer Singh is not named in the FIR. Secondly, the allegations against the present petitioner, as projected by the prosecution, are as regards offences punishable under Sections 147, 504 and 506 IPC. He further submitted that although no offence is made out against the petitioner, yet, even if it be conceded for the sake of arguments that these offences are there against the petitioner, even then he is entitled to bail on the same day if he surrenders before the learned Magistrate. Learned counsel submitted that the offences are the simplest of the simple offences found in the penal statute.

Considering the facts as enumerated in the foregoing para it is directed that in case the present petitioner surrenders before the Magistrate concerned and moves an application for bail, the same shall be disposed of without unreasonable delay after hearing both the sides. Interim Relief Application (CLMA No. 4927 of 2012) also stands disposed of.