Vineet Kumar vs State Of Uttarakhand And Others

Ravindra Maithani, J

The petitioner seeks quashing of FIR No.248 of 2023, under Section 354 A IPC, Police Station Dalanwala, District Dehradun, with related reliefs.

Heard learned counsel for the parties and perused the record.

According to the FIR, pm 24.10.2023, when the informant, who is the respondent no.3, had gone to see her Dusshera festival, the petitioner molested her in a manner, which was unbearable to the informant.

Learned counsel for the petitioner would submit that the informant is tenant in the property of the petitioner; she is not ready to leave the tenancy. On 24.10.2023, the petitioner was beaten up by the family members of the victim in the Dusshera festival.

It is a writ petition under Article 226 of the Constitution of India. In case, the FIR discloses commission of offence, generally, no interference is warranted unless there are compelling circumstances to do so.

Learned counsel for the petitioner has invited the attention of the Court to Annexure No.2, a communication made by the father of the petitioner to the police revealing therein that on 24.10.2023, when the petitioner had gone to see the Dusshera festival, he was beaten up by the family members of the informant.

Does it mean that the incident took place on 24.10.2023, on the Dusshera festival? Does it mean that the petitioner molested the informant, and, thereafter, some more incidents took place, of which a report was given by the father of the petitioner? These all would fall for scrutiny during investigation or trial, as the case may be.

The FIR definitely discloses commission of offence. Therefore, this Court is of the view that there is no reason to make any interference. Accordingly, the petition deserves to be dismissed at the stage of admission itself.

The petition is dismissed in limine.

Insofar as the apprehension of arrest is concerned, , it is not a routine or mechanical exercise to be undertaken by the Investigation Officer. First and foremost, he has to ascertain the complicity of a person in the offence, and, thereafter, he should further examine the necessity to arrest. There are various statutory provisions as well as guidelines from the Higher Courts, which, this Court has no doubt, the Investigation Officer of the instant case shall definitely follow.