WPCRL/997/2008 of VISHAL Vs STATE and OTHERS on 31 December 2008

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Writ Petition No. 997 of 2008

Vishal S/o Sri Srawan Kumar …… Petitioner Versus State of Uttarakhand and others …… Respondents Mr. Ajay Veer Pundir, Advocate for the petitioner.

Mr. B.S. Parihar, Brief Holder for the State.

With

Criminal Writ Petition No. 998 of 2008

Sikander S/o Sri Jagdish

…… Petitioner

Versus

State of Uttarakhand and others …… Respondents Mr. Ajay Veer Pundir, Advocate for the petitioner.

Mr. B.S. Parihar, Brief Holder for the State.

Hon’ble J.C.S. Rawat, J.

Mr. Ajay Veer Pundir, Advocate for the petitioners.

Mr. B.S. Parihar, Brief Holder for the State.

2. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R. ; averments made against the petitioners in the F.I.R. ; the fact that perusal of the case diary reveals that five person namely, Sanjeev, Nand Ram, Mukesh Sonkar, Gomti Devi and Rajwali sustained injuries in the incident; and in the facts and circumstances of the case, I do not find that the petitioners are entitled to get the reliefs claimed in the writ petitions.

3. and are hereby dismissed in limine.

The writ petitions, therefore, fail and are liable to be dismissed

4. start.

I am refraining from commenting on the merits of the case lest it may adversely affect the petitioners’ case at the trial, which is yet to

5. Consequently, the stay applications also stand dismissed.

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