WPCRL/1141/2011 of VISHAL DABAR Vs STATE OF UTTARAKHAND AND ORS on 30 December 2011

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 1141 of 2011

Vishal Dabar Son of Jagdish Chandra Dabar, Resident of 2/15, Aashirwad Enclave, Chakrata Road, Dehradun.

….…..Petitioner

Versus

1- State of Uttarakhand, through Secretary, Ministry of Home Affairs, Uttarakhand, Dehradun. Home Affairs, Uttarakhand, Dehradun.

2- Station House Officer, P.S. Kotwali, Distt. Dehradun. 3- Surendra Kumar S/o Shyam Lal Nakra, Manager Kapur Jwellers, 15A Rajpur Road, In front of Gandhi Park, Kotwali. 3- Surendra Kumar S/o Shyam Lal Nakra, Manager Kapur Jwellers, 15A Rajpur Road, In front of Gandhi Park, Kotwali.

……Respondents

Mr. Ramji Srivastava, Advocate, present for the petitioner. 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 petitioner has sought quashing of the First Information Report, registered as F.I.R. No. 358 of 2011, relating to offences punishable under Section 420, 471 of I.P.C., at Police Station- Kotwali, District Dehradun.

3) Two girls namely Anjali Bhatiya and Gitika said to have cheated the complainant (a jeweller). Similar acts with three other jewellers were said to have been committed by them. It is alleged in the First Information Report that there is a gang operating of which the petitioner is also a member.

4) Learned counsel for the petitioner submitted that petitioner is innocent and he has done M.B.A. No role has been assigned to the applicant in the First Information Report.

5) Having considered submissions of learned counsel for the petitioner, and the learned counsel for the State, and after going through the papers on record, and further considering the nature of offence, this Court is not inclined to interfere with the investigation of the case.

6) Therefore, the writ petition is dismissed summarily, with the observation that if the petitioner Vishal Dabar, surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Stay application No. 13946 of 2011, stands disposed of).

(Prafulla C. Pant, J.)