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Balender Singh vs State of Uttarakhand and Beena

Uttarakhand High Court · Decided on 15 February 2011 · Citation: (2011) 02 UK CK 0060

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Penal Code, 1860 (IPC) — Section 420, 506
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 13 of 2011
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Judgment

5 paragraphs · 211 words

Prafulla C. Pant, J.—Counter affidavit filed on behalf of Respondent No. 2. Same be taken on record.

2.

Heard.

3.

By means of this petition moved under Article 226 of Constitution of India the Petitioner has sought quashing of the first information report registered as crime No. 436 of 2010, relating to offences punishable u/s 420, 506 IPC, Police Station Ranipur, District Haridwar.

4.

Learned Counsel for the Petitioner submitted that Petitioner is innocent and has been falsely implicated in the crime. On the other hand learned Counsel for the State pointed out that the Petitioner has attempted to sell the land in question which was not owned by him. In reply to this learned Counsel for the Petitioner submitted that the land belongs to one Preetam Singh on whose behalf agreement was signed. Since, the factual disputes are raised before this Court which cannot be determined in its jurisdiction u/s 226 of Constitution of India, this Court is not inclined to interfere with the investigation of the case.

5.

Accordingly, the writ petition is dismissed with the observation that if the Petitioner Balender Singh surrenders before the court concerned his bail application shall be heard and disposed of without unreasonable delay. (Stay application No. 355 of 2011, stands disposed of).