Mahesh Chand Sharma @ Mahesh Bhardwaj vs State of Uttarakhand and Others

Prafulla C. Pant, J.—Heard.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the First Information Report registered as Crime No. 308 of 2010, relating to offences punishable u/s 420, 467, 468 and 471 I.P.C.,Police Station Ranipur, District Hardwar.

Learned Counsel for the Petitioner submitted that after investigation, Investigating Officer submitted final report in the matter, but the Circle Officer has returned the same for further investigation. It is pointed out that disputed between the complainant and the accused (including the Petitioner) has arisen due to the election rivalry of the society to which they belong. Attention of this Court is further drawn to order dated 05.10.2010, passed by this Court in writ petition No. 819 of 2010, whereby similarly situated accused were granted interim relief by this Court in the matter. Copy of said order is Annexed as Annexure-9 to the petition. It is argued that it is abuse of process of law on the part of the complainant Ravish Kumar to implicate the Petitioner in a criminal case due to the political rivalry.

Admit the petition.

Learned Counsel for the State prays for and is allowed four weeks time to file the counter affidavit.

Issue notices to Respondent No. 3 Ravish Kumar, who may also file his counter affidavit within a period of four weeks.

Having considered submissions of learned Counsel for the parties, and keeping in mind order dated 05.10.2010, passed by this Court in writ petition No. 819 of 2010, it is directed that the Petitioner Mahesh Chand Sharma@ Mahesh Bhardwaj shall not be arrested in connection with aforesaid crime during investigation, provided he cooperate with the investigating agency. (Stay Application No. 5402 of 2011, stands disposed of).

List after four weeks.