Harjinder Singh And Others vs State Of Uttarakhand And Others

Ravindra Maithani, J

The instant petition has been filed seeking following reliefs:-

"i. Issue a writ or order or direction in the nature of certiorari quashing the impugned FIR dated 23.03.2019 registered as FIR /Case  Crime  No.0062  of  2019  Under Section 147, 323, 504 & 506 of IPC &  3(1)(X) SC & ST Act at Police Station I.T.I., District Udham Singh Nagar.

ii. Issue a writ or order or direction in the nature of mandamus directing the respondent no.2 not to arrest the petitioner in pursuance of the FIR dated 23.03.2019 registered as FIR/Case Crime No.0062 of 2019 Under Sections 147, 323, 504 & 506 of IPC & 3 (1) (X) SC & ST Act at Police Station I.T.I., District Udham Singh Nagar."

Heard and perused the records.

According to the FIR, on 21.03.2019 at 01:00 p.m., the petitioners beat brother of the first informant and abused him with cast coloured remarks.

Learned counsel for the petitioners would argue that the FIR is two days delayed; petitioner no.6 and 7 belongs to Scheduled Caste category and petitioner no.2 is a minor, therefore, Sections pertaining to SC & ST (Prevention of Atrocities) Act does not apply upon them.

The writ petition has been filed for quashing the FIR itself. If FIR is delayed, it does not make any ground for quashing it. Bare reading of the FIR reveals that it discloses commission of cognizable offence. The truthfulness of it, would be examined during investigation or at the trial, as the case may be. There is no reason to quash the first information report, therefore, the writ petition deserves to be dismissed.

Learned counsel for the petitioners apprehends that petitioners may be arrested without following the guidelines and statutory provisions issued in this regard, therefore, this Court's indulgence is sought in that regard.

The instant writ petition is dismissed.

The investigating Officer, if decides to arrest the petitioner shall follow the law as laid down by the Courts, in this regard as well as the legal provisions and will remind himself that liberty is a precious right which should not be curtailed in a routine manner.