Uttarakhand High Court

WPCRL/904/2008 of PRAVEEN KUMAR @PAHARI Vs STATE and OTHERS on 26 December 2008

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COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 904 of 2008 With Stay Application No. 7584/2008 Praveen Kumar @ Pahari S/o Padam Sain. …… Petitioner Versus State of Uttarakhand and Others. ..…. Respondents Mr. Manish Arora, Advocate for the petitioner. Mr. S.S.

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Writ Petition No. 904 of 2008

With

Stay Application No. 7584/2008

Praveen Kumar @ Pahari S/o Padam Sain. …… Petitioner Versus State of Uttarakhand and Others. ..…. Respondents Mr. Manish Arora, Advocate for the petitioner. Mr. S.S. Adhikar, A.G.A for respondent nos. 1 & 2. Mr. Mohd. Umar, Adv. on behalf of Mr. Pawan Kumar, Advocate for respondent no. 3.

Hon’ble J.C.S. Rawat, J.

Mr. Manish Arora, Advocate for the petitioner.

Mr. S.S. Adhikar, A.G.A for respondent nos. 1 & 2.

Mr. Mohd. Umar, Advocate on behalf of Mr. Pawan Kumar, Advocate for respondent no. 3.

2. The learned counsel for the petitioner has filed miscellaneous application bearing no. 3157/2008 allongwith the rejoinder affidavit. The same may be taken on record.

3. Heard learned counsel for the parties and perused the record.

4. On due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the averments made in the F.I.R against the petitioner; the contents of the entire documents filed by the parties; and having regard to the facts and circumstances of the case, I do not find any good ground to grant relief to the petitioner, as claimed in the petition.

5. Thus, the petition and the relief sought in this petition are liable to be dismissed and are hereby dismissed summarily. Consequently, the stay application is also dismissed.

6. However, keeping in view the nature of injuries sustained by the injured Manoj Kumar-the brother of the complainant/respondent no. 3 on the date of incident and the other relevant aspects of the case, it is directed that if the petitioner is arrested by the police or surrenders/brought before the court concerned, his bail application shall be disposed of expeditiously

V.K

(J.C.S. Rawat, J.)

26.12.2008

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