Raunak & others vs State of Uttarakhand & others

V.K. BIST, J.

This petition has been filed by the petitioners seeking the following reliefs:

“i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 12.6.2018, registered as Case

Crime No.126 of 2018, under Section 147, 148, 149, 323, 325, 354, 504 & 506 of IPC, registered at P.S. Piran Kaliyar, Tehsil Roorkee, District

Haridwar (contained as Annexure no.1 to this writ petition).

ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos.1 & 2 not to arrest the petitioners in connection

with First Information Report dated 12.6.2018, registered as Case Crime No.126 of 2018, under Section 147, 148, 149, 323, 325, 354, 504 & 506 of

IPC, registered at P.S. Piran Kaliyar, Tehsil Roorkee, District Haridwar, during the pendency of present writ petition.â€​

On 12.6.2018, respondent no.3 lodged an FIR against the petitioners that on 12.6.2018 at about 12:00 p.m., the complainant was on his shop; his

children and his wife were at home, the accused persons who were having axe and iron rod in their hand entered into the house of the complainant

and attacked upon the family of respondent no.3. It is further alleged that Sonu S/o Kifayat who was having stick in his hand assaulted the son of the

complainant, due to which his son’s leg was broken and he became unconscious on the spot. It is also alleged that the reason of dispute is that few

days before, Roshan S/o Raunak teased the daughter of the complainant and on resisting, the accused persons abused them and assaulted them with

the sharp edged weapons.

Learned counsel for the petitioners submitted that allegations made against the petitioners in the impugned F.I.R. are totally false and, therefore,

interim protection should be granted to the petitioner. He submitted that the petitioners have falsely been implicated in the instant case.

Learned A.G.A. vehemently opposed the writ petition. He submitted that allegations made against the petitioners are serious in nature. Therefore,

interim relief should not be granted to the petitioner and the writ petition filed by him deserves to be dismissed.

I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record.

The Hon’ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561, has held that if an offence is disclosed,

Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. If the FIR,

prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the

lawful power of the police to investigate into cognizable offences.

From perusal of FIR, I find that contents of F.I.R. disclose offence and it is for the Investigating Officer to investigate the case and, thereafter,

either to file charge sheet or final report in the matter. It is not a fit case, where the High Court should interfere in this criminal writ petition moved

under Article 226 of the Constitution of India. Consequently, the writ petition is dismissed.

Learned counsel for the petitioners then prayed that in case offence is made out against the petitioners, in

that event, the petitioners will surrender before the Courts below and will move bail application and the courts below may be directed to decide their

bail application same day. In my view, every bail application should be considered and decided by the learned Court below without any unreasonable

delay; but, needless to say that it should be decided strictly in accordance with law. It is provided that if petitioners surrender before the Court

concerned and move bail application, their bail application shall be considered by the Courts below expeditiously, preferably on the same day in

accordance with law.