Rakesh Tomar vs State Of Uttarakhand And Others

Pankaj Purohit, J

The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, whereby petitioner has put to challenge F.I.R No.0366 of 2024 dated 07.12.2024, under Sections 386, 505 and 506 of IPC registered with Police Station Vikas Nagar, District Dehradun.

Facts of the case in brief are that an F.I.R. was lodged against the petitioner with the averments that he is trying to defame the school being run by respondent no.3 and is trying to breach harmony between two religious sect i.e., Hindu and Muslim.

Learned counsel for the petitioner submits that the petitioner is a social worker who is being targeted by respondent no.3 on the ground that petitioner is trying to defame the school run by respondent no.3 through social media and only after protest made by the petitioner Police took action against respondent no.3 and for that reason alone he is inimical towards the petitioner.

Per contra, learned State counsel submits that the offence alleged against the petitioner is very serious in nature and there are seven criminal cases pending against him.

I have perused the entire material available on record.

Since the offences alleged against the petitioner are very serious in nature, therefore, this is not a fit case where the Court should incline to interfere in the matter by invoking its discretionary jurisdiction under Article 226 of the Constitution of India. Prima facie a case is made out against the petitioner; therefore, no interference is warranted by this Court.

Accordingly, the writ petition stands dismissed.

Pending application, if any, also stands disposed of.