Nagendra Singh vs State Of Uttaranchal and Others

Hon''ble Rajesh Tandon, J.—Heard Sri Vinod Sharma, counsel for the applicant and A.G.A. for the State. By the present application filed u/s 482 of the Code of Criminal Procedure, applicant has prayed for following relief: It is therefore most respectfully prayed that this Hon''ble Court may graciously be pleased to allow this application and to direct the Opposite Party NO. 1 to ensure the further investigation with in stipulated period by C.B.C.I.D. in Case Crime No. 491/2005 U/s 147/148/307/323/325/504 I.P.C. and Case Crime No. 491-A/2005 U/s 147/323/506 I.P.C. Police Station Kotwali, District Dehradun.

It is further prayed that till the result of investigation report of C.B.C.I.D. effect of proceedings in Case Crime No. 491/2005 U/s 147/148/307/323/325/504 I.P.C. And Case Crime No. 491-A/2005 U/S 147,323,506 IPC, Police Station Kotwali, District Dehradun may kindly be kept in abeyance otherwise applicant will suffer irreparable loss and injury.

The proper course will for the applicant to approach the Senior Superintendent of Police, who shall pass appropriate orders for further investigation in accordance with the provisions of the Code of Criminal Procedure.

Applicant has also submitted that the FIR has been lodged against him on 15th December, 2005 for the offence u/s 147/148/307/323/325 and 504 I.P.C. whereas on the FIR lodged by the applicant on 17.12.2005, no action has been taken inspite of the fact that the applicant has sustained eight stitched wound injuries on the left side of his head.

In view of the aforesaid so far as Case Crime No. 491-A/2005 u/s 147,323,506 I.P.C. is concerned, the respondent nos. 1 and 2 are directed to consider the case of the applicant for further investigation. Subject to aforesaid observations, application filed u/s 482 of the Code of Criminal Procedure is disposed of.