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Uttarakhand High Court · body

2016 DIGILAW 15 (UTT)

AMAR SINGH RANA v. STATE OF UTTARAKHAND

2016-01-11

SUDHANSHU DHULIA

body2016
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Niranjan Bhatt, Advocate, present for the petitioner. 2. Ms. Mamta Joshi, Brief Holder, present for the State/respondent nos. 1 & 2. 3. The First Information Report has been lodged by respondent no. 3 against the present petitioner, which has been registered as Case Crime No. 09 of 2014, under Sections 409 & 420 of IPC, at Police Station-Kotwali, District-Uttarkashi. Apprehending his arrest, the petitioner has approached this Court for relief. 4. The first information report, which is primarily against the two persons, namely, Shri C.V. Singh, who is erstwhile Secretary of the Cooperative Society and Shri S.K. Verma, who is erstwhile Administrator of the Society, where the allegations are of misappropriation of fund and embezzlement. The name of the petitioner is not mentioned in the First Information Report, though, at the relevant time he was also working as a Clerk in the said Society. Now after more than 1½ years the present petitioner has also been harassed and there is an imminent danger of his arrest. 5. This Court has been informed by the counsel for the petitioner that another co-accused, namely, Mr. C.V. Singh had already approached this Court being WPCRL No.666 of 2014, in which this Court stayed the arrest of the petitioner (Shri. C.V. Singh). 6. Considering the nature of offence, an interference is being called for in the matter. 7. As an interim measure, it is provided that though the investigation may go on but until further orders of this Court or till filing of the charge sheet, whichever is earlier, petitioner shall not be arrested nor any coercive measure shall be taken against him in pursuance of the Case Crime No. 09 of 2014, under Sections 409 & 420 of IPC, at Police Station-Kotwali, District-Uttarkashi, provided the petitioner cooperate in the investigation. 8. Issue notice to the respondent no.3. Steps to be taken within a week. 9. Three weeks time is granted to the respondents to file counter affidavit. Three weeks time is granted to the petitioner to file rejoinder affidavit thereafter. 10. List this matter after seven weeks in the daily cause list. 11. Stay application (481 of 2016) stands disposed. 12. Urgency application (IA No.164 of 2016) stands disposed.