Uttarakhand High Court
WPCRL/1138/2011 of SHAMSHER SINGH AND ORS Vs STATE OF UTTARAKHAND AND ORS on 30 December 2011
COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 1138 of 2011 1- Shamsher Singh Son of Roshan, resident of Jamun Sot Kakatri, Thana Shyampur, District Haridwar. 2- Mushtu Son of Roshan, resident of Jamun Sot Kakatri, Thana Shyampur, District Haridwar. 3- Vajeer Son of Roshan, resident
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Writ Petition No. 1138 of 2011
1- Shamsher Singh Son of Roshan, resident of Jamun Sot Kakatri, Thana Shyampur, District Haridwar. Kakatri, Thana Shyampur, District Haridwar.
2- Mushtu Son of Roshan, resident of Jamun Sot Kakatri, Thana Shyampur, District Haridwar. Thana Shyampur, District Haridwar.
3- Vajeer Son of Roshan, resident of Jamun Sot Kakatri, Thana Shyampur, District Haridwar. Thana Shyampur, District Haridwar.
4- Mustafa Son of Yusuf, resident of Madhal Sot Shyampur, District Haridwar. Shyampur, District Haridwar.
5- Liyakat Son of Sultan, resident of Diyawali (Peliparo) Shyampur, District Haridwar. Shyampur, District Haridwar.
….…..Petitioners
Versus
1- State of Uttarakhand, through Secretary of Home, Secretariat Dehradun. Secretariat Dehradun.
2- Station House Officer, P.S. Shyampur, District Haridwar. Haridwar.
3- S.S. P. Haridwar, District Haridwar.
4- Jahor S/o Vazeer, R/o Kapash No.4 and 7 Jamoon Sot Kakari, Thana Shyampur, District-Haridwar. Kakari, Thana Shyampur, District-Haridwar.
……Respondents
Mrs. Seema Sah, Advocate, present for the petitioners. Mr. S.S.Adhikari, A.G.A., present for the State.
Hon’ble Prafulla C. Pant, J.
Heard.
2) By means of this writ petition, moved under Article 226 of Constitution of India, the petitioners have sought quashing of the First Information Report dated 06.12.2011, registered as Crime No.72 of 2011, relating to offences punishable under Section 147, 307, 323, 452, 504, 506 of I.P.C., at Police Station- Shyampur, District Haridwar.
3) Learned counsel for the petitioners submitted that the story narrated in the First Information Report is false. There is no independent eyewitness of the incident. It is also pleaded that no specific role has been assigned to the petitioners. However, considering the injuries said to have been suffered by Vajeer and Shamshad in the incident, this Court is not inclined to interfere with the investigation of the case.
4) Therefore, this writ petition is dismissed summarily, with the observation that if the petitioners namely Shamsher Singh, Mushtu (son of Roshan), Vajeer, Mustafa and Liyakat, surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay. (Stay Application No. 13919 of 2011, stands disposed of).
30.12.2011 JM
(Prafulla C. Pant, J.)