Uttarakhand High Court
WPCRL/1102/2010 of RAJENDRA SAJWAN Vs STATE OF UTTARAKHAND AND ORS on 30 December 2010
of 2010 with CLMA No. 10953 of 2010 Hon'ble Prafulla C. Pant,J. Shri L.K. Tiwari, Advocate, present for the petitioner. Shri S.S. Adhikari, A.G.A., present for the State. Heard. By means of this petition moved under Article 226 of constitution of India, the petitioner has sought quashing of the
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WPCRL No. 1102 of 2010
with
CLMA No. 10953 of 2010
Hon'ble Prafulla C. Pant,J.
Shri L.K. Tiwari, Advocate, present for the petitioner.
Shri S.S. Adhikari, A.G.A., present for the State.
Heard.
By means of this petition moved under Article 226 of constitution of India, the petitioner has sought quashing of the FIR dated 21.12.2010, registered as crime/FIR no. 140 of 2010, relating to offences punishable under section 436, 323, 504, 506, 427 IPC, Police Station Raiwala, District Dehradun.
Learned counsel for the State points out that relating to same FIR earlier writ petition was filed by co-accused Chandraveer,which was dismissed by this Court on 20.12.2010.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated, and no offence punishable under section 436 IPC is made out.
Having considered submissions of learned counsel for the parties, and after going through the papers on record, this Court is of the view that it is not a fit case for interference with the investigation of the case.
Therefore, without expressing any opinion as to final merits of the case, the writ petition is dismissed summarily, with the observation that if the petitioner Rajendra Sajwan surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay keeping in mind that the property is said to have been set on fire is not a dwelling house.(Interim relief application no. 10953 of 2010, also stand dismissed).
(Prafulla C. Pant,J.)
30.12.2010