Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Rohit v. State Of Uttarakhand

Rohit v. State Of Uttarakhand

(High Court Of Uttarakhand)

Writ Petition (Criminal) No. 711 of 2017 | 15-05-2017

V.K. Bist, J. - Petitioner has approached this Court seeking the following reliefs:-

"a) Issue a writ, order or direction in the nature of certiorari commanding the respondents to quash the impugned first information report dated 14.04.2017 bearing case crime no. 170 of 2017 under section 147, 148, 149, 332, 309, 353, 427, 504, 341 of IPC, 7 Criminal Law Amendment Act and 3/4 Prevention of Damage to Public Property Act, 1984 at Police Station Kotwali Manglore, District Haridwar (contained as Annexure no. 1 to this writ petition).

b) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 not to arrest the petitioners in connection with impugned first information report dated 14.04.2017 bearing case crime no. 170 of 2017 under section 147, 148, 149, 332, 309, 353, 427, 504, 341 of IPC, 7 Criminal Law Amendment Act and 3/4 Prevention of Damage to Public Property Act, 1984 at Police Station Kotwali Manglore, District Haridwar (contained as Annexure no. 1 to this writ petition)."

2. On 14.04.2017, an F.I.R. was registered at Police Station Manglaur, District Haridwar, alleging therein that various persons (17 named persons and 100-150 unknown persons) were agitating against an act committed by some miscreants who had set on fire the poster/banner of Dr. Bhim Rao Ambedkar. It was alleged that these persons caused traffic jam in the said area and when police tried to persuade them the said mob became violent and raised slogans. It was also alleged that some persons from the mob gave kerosene to one Rajnish who poured the same upon him and tried to set him on fire. When the police tried to restrain him, the mob started to throw stones on the police team in which some police officials received injuries.

3. It is the submission of learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in the instant crime. She further submitted that the role assigned to the petitioner in the F.I.R. is to instigate the mob while the truth is that petitioner was making efforts to calm down the charged mob.

4. The Honble Apex Court, in the case of State of West Bengal. v. 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.

5. I have considered the submissions of learned counsel for the petitioner and have gone through the contents of the F.I.R. Contents of the F.I.R. prima facie disclose the commission of offence. In my opinion, it is not a fit case where the Court should interfere under Article 226 of the Constitution of India. It is for the Investigating Officer to investigate the matter and thereafter to file either the charge sheet or final report in the matter.

6. The writ petition is devoid of merit and the same is hereby dismissed. However, it is provided that if the petitioners surrender before the court concerned and seek bail, their bail application shall be heard and decided, very expeditiously, if possible on the same day. [Stay application CLMA No. 5097 of 2017 also stands dismissed].

Advocate List
  • For Petitioner : Mr. Bharat Singh, Advocate., for the Appellants; Mr. K.S. Rautela, G.A. Assisted by Mr. Prem Kaushal, Brief Holder., for the Respondents/State
Bench
  • HON'BLE JUSTICE V.K. BIST, J.
Eq Citations
  • 2017 (3) N.C.C. 614
  • LQ/UttHC/2017/254
Head Note

Criminal Procedure Code, 1973 — Ss. 154 and 169 — Quashing of FIR — When warranted — Allegations in FIR — Prima facie disclosure of commission of offence — Held, 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