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Bhajan Singh and Others vs State of Uttarakhand and Vimla Kaur

Uttarakhand High Court · Decided on 21 September 2011 · Citation: (2011) 09 UK CK 0118

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Penal Code, 1860 (IPC) — Section 323, 332, 353, 452, 504
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 818 of 2011
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Judgment

4 paragraphs · 229 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioners have sought quashing of First Information Report dated 09.09.2011, registered as F.I.R. No. 401 of 2011, relating to offences punishable under Sections 452, 332, 353, 323, 504 of Indian Penal Code, at Police Station-Kashipur, District-Udham Singh Nagar.

3.

Learned Counsel for the Petitioners submitted that Petitioner No. 3 Nikku @ Amarjeet Singh, himself suffered injuries in the incident. Attention of this Court is drawn to the Medical Injury Report filed as annexure No. 2 to the petition. However, considering the contents of First Information Report, this Court is of the view that the allegations made in the writ petition are matters to be investigated during investigation. It is not desirable on the part of this Court to interfere with the investigation of the case. There are cross versions of the incident and two reports got lodged.

4.

Therefore, without expressing any opinion, as to the allegations made in the First Information Report, the writ petition is dismissed summarily, with the observation that if the Petitioners namely Bhajan Singh, Birju @ Baldev Singh, Nikku @ Amarjeet Singh, Deepak Singh and Kaushalya Kaur surrender before the court concerned their bail application shall be heard and dispose of without unreasonable delay (Stay Application No. 9934 of 2011, also stand disposed of).