Noor Ahmad vs State of Uttarakhand and Nanhu Singh Pal

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 dated 07.10.2010, registered as F.I.R No. 548 of 2010, relating to offences punishable u/s 147, 148, 323, 504, 506 and 452 I.P.C., Police Station Kotwali Rudrapur, District Udham Singh Nagar.

Learned Counsel for the Petitioner submitted that Crime No. 547 of 2010, is registered against the Respondent No. 4 Nanhu Singh Pal and his associates relating to offences punishable u/s 147, 148, 149, 307 I.P.C., at the police station by Shabura Begum (wife of Petitioner Noor Ahmad). It is further pointed out that there are four injured persons on the side of the Petitioner. It is contended that it is abuse of process of law on the part of the complainant (Respondent No. 2) to implicate the Petitioner by filing the counter blast impugned First Information Report as the pressure tactics.

Admit the petition.

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

Issue notices to Respondent No. 4 Nanhu Singh Pal who may also file his counter affidavit within a period of four weeks

Having considered submissions of learned Counsel for the petitiner, and after going through the papers on record, as an interim measure, it is directed that the Petitioner Noor Ahmad shall not be arrested in connection with aforesaid Crime No. 548 of 2010, till the next date of listing provided he cooperates with the investigating agency.

List after four weeks.