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2014 DIGILAW 510 (UTT)

Nirvikar v. State of Uttarakhand

2014-11-05

SUDHANSHU DHULIA

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JUDGMENT Hon’ble Sudhanshu Dhulia, J. These two writ petitions have been filed by the petitioner against the First Information Report dated 18.07.2014 punishable for the offence under Section 3 of (Incitement of Disaffection) Act, 1922. In these two writ petitions, he has made two prayers, first is for quashing of the First Information Report dated 18.07.2014 and second (in WPCRL No. 1310 of 2014) is for transferring the matter to C.B.I. or Intelligence. However, the petitioner in both these writ petitions has mixed the criminal proceedings as well as service proceedings together. Learned counsel for the petitioner Mr. Neeraj Garg, however, submits that in these two petitions, he shall confine his relief only so far it relates to criminal proceedings. In view thereof, he shall be at liberty to move an appropriate writ petition, in case, he is aggrieved by the matter which pertains to his service. After hearing the counsel for the parties at some length and perusing the complaints, this Court is prima facie of the opinion that though the investigation in pursuance of the First Information Report may go on, a mandamus is issued to the respondents not to take any consequential action against the petitioner in pursuance of the said investigation. They shall also not take any coercive action against the petitioner, which includes his arrest, until further orders of this Court. All the respondents shall file counter affidavit within three weeks. List this matter after four weeks in the daily cause list.