Chandveer vs State of Uttarakhand and Others

Dharam Veer, J.—Heard Mr. Manish Arora, Advocate for the petitioner and Mr. G.S. Sandhu, Government Advocate for the State.

By means of this writ petition, the petitioner has prayed for quashing of the F.I.R. in Case Crime No. 359 of 2010, registered at Police Station Kotwali Manglore, District Haridwar, relating to offences punishable under Sections 420, 120-B, 147, 148, 452, 323, 504 and 506 of IPC.

Brief facts of the case are that respondent No. 3 Smt. Babita moved an application u/s 156(3) of Cr.P.C. and got lodged a First Information Report at P.S. Kotwali Manglore, District Haridwar with the allegations that the complainant is a widow. Her father-in-law, namely, Satyapal Singh who had total 35 Bighas of land, was expired on 8.2.1996 and after his death, the possession of the said land was taken over by her husband Alok Malik and brother of her husband Atul Malik. It is further stated that her husband has died on 27.5.2009 and Atul Malik is missing from last so many years. It is alleged that after the death of her husband the petitioner and other co-accused persons prepared a forged will dated 7.2.1996 and tried to take the possession over the aforesaid land. It is alleged that the petitioner is a criminal and criminal cases are registered against him. It is further alleged that on 16.6.2010 at about 9 AM, the petitioner and other co-accused entered into her house and the petitioner Chandveer and co-accused Ajay caught hold her and her children and on the pointing of pistol, they got obtained her signatures on a paper. They beaten respondent No. 3 and her children with kicks and fists and thereafter they went from her house by giving threat for dire consequences in case she takes any action against them.

Specific role has been assigned to the petitioner in the First Information Report.

Having considered the submissions of learned Counsel for the petitioner and that of learned Additional Government Advocate for the State and the contents of the First Information Report and facts and circumstances of the case indicates that a prima facie case under the aforesaid sections is made out against the petitioner.

Looking into the seriousness of the allegations made in the First Information Report, the petitioner is not entitled to get any relief by this Court at this stage.

The writ petition, being devoid of merit, is dismissed in limine. (Stay Application No. 7414 of 2010 also stands dismissed).