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Uttarakhand High Court · body

2017 DIGILAW 283 (UTT)

GAJENDRA SINGH KUNWAR v. STATE OF UTTARAKHAND

2017-05-15

V.K.BIST

body2017
JUDGMENT Hon’ble V.K. Bist, J. Prayers in the writ petition is as follows:- “(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents nos.1 and 2 to change/transfer of investigation of F.I.R. No.1/2017 under Sections 324, 504, 506 of IPC from revenue Police Patwari Circle Sirosain (Karnaprayag) District Chamoli to regular/civil police Karnaprayag, District Chamoli. (ii) Issue a direction to the respondent nos.1 and 2 to initiate appropriate departmental proceedings against respondent no.4 Patwari, Circle Sirosain, Karnaprayag, District Chamoli for his malafide conduct. (iii) Issue a direction to the concern police station to complete investigation as per the provision of Section 173 Cr.P.C.” 2. Facts, necessary for adjudication of the case are, as follows: Petitioner is a senior citizen aged about 74 years. Petitioner and respondent nos.6 & 7 are residents of same village i.e. Village Khageli, P.O. Bhatoli, Patti Sirosain (Karnaprayag), District Chamoli. The said respondents used to keep personal enmity with the petitioner and his family. On 23.04.2017 at about 11 AM, when the petitioner along with his wife, who is aged about 67 years, were attending family function in their village at the house of one Naveen Kunwar, respondent no.6 started to use filthy language for the petitioner and when the petitioner protested the same, respondent no.6 threatened the petitioner with dire consequences. Thereafter, after half an hour of the incident, respondent no.6, in the state of intoxication, and respondent no.7 forcibly entered into the house of the petitioner and started to use filthy language towards the petitioner and his wife, on which when the petitioner’s son tried to persuade respondent nos.6 & 7, respondent no.7 Smt. Sharda Devi, who was having a sharp edged weapon (Darati), tried to assault petitioner’s son, whereupon the petitioner and his wife came forward for his rescue, then respondent no.7, with intention to kill petitioner’s wife, assaulted her, due to which petitioner’s wife sustained injury and her hand got bloodstained. It is alleged that respondent no.6 also assaulted petitioner’s wife with the same weapon. After the incident, respondent nos.6 & 7 flew away from the spot, leaving the said weapon at the spot. Thereafter, the petitioner telephonically informed about the said incident to SDM, who directed the Patti Patwari to look into the matter, whereupon the Patti Patwari reached at the spot and sealed the weapon used in crime. After the incident, respondent nos.6 & 7 flew away from the spot, leaving the said weapon at the spot. Thereafter, the petitioner telephonically informed about the said incident to SDM, who directed the Patti Patwari to look into the matter, whereupon the Patti Patwari reached at the spot and sealed the weapon used in crime. It is alleged that the petitioner tried to give report of the said incident to the Patwari but he refused to receive the same and took the petitioner and his wife for conducting medical examination. It is further alleged that when the petitioner and his wife were going for medical examination with the Patwari, on the way, the respondent nos.6 and 7 again used filthy language for the petitioner and threatened him with dire consequences, in the presence of Patwari, but the Patwari did not take any action against the respondents. Thereafter, the petitioner again went to the Patwari for lodging of the FIR but the Patwari instead of lodging the FIR, pressurized the petitioner to make compromise with respondent nos.6 & 7, but the petitioner refused for the same and when he asked that he will approach the higher authorities then only the Patti Patwari lodged the report of the said incident. It is further alleged that the respondent nos.6 & 7 had inflicted injury to petitioner’s wife by sharp edged weapon, with intention to kill her, but even then the Patwari has not lodged the FIR under appropriate sections. It is also alleged that respondent no.4 Patti Patwari is under the influence of respondent nos.6 & 7 and is creating undue pressure upon the petitioner for entering into compromise with them. 3. Learned counsel for the petitioner submitted that the petitioner is an old ailing man, aged about 74 years and is being harassed by the respondent nos.6 & 7 and the Patti Patwari as well. He contends that the said Patwari i.e. respondent no.4 is under the influence of respondent no.6 & 7 and has neither arrested nor interrogated said respondents till date and is continuously creating pressure upon the petitioner to withdraw the FIR and to enter into compromise with the respondents. He contends that the said Patwari i.e. respondent no.4 is under the influence of respondent no.6 & 7 and has neither arrested nor interrogated said respondents till date and is continuously creating pressure upon the petitioner to withdraw the FIR and to enter into compromise with the respondents. He further submitted that even the petitioner and his wife were not called by the Patwari to record their statements u/s 161 Cr.P.C. He further submitted that there is no hope of fair and impartial investigation at the ends of Patwari. Hence, it is prayed to transfer the investigation from revenue police to regular police and that it may also be directed that the investigation be done de novo by the regular police. 4. Learned Deputy Advocate General appearing for the State/respondent nos.1 to 4 submitted that he has no objection if the investigation is transferred from revenue police to regular police. 5. Considering the entire conspectus of things and in the interest of justice, I direct respondent nos.1 and 2 to transfer investigation of F.I.R. No.1/2017 under Sections 324, 504, 506 of IPC from revenue Police Patwari Circle Sirosain (Karnaprayag) District Chamoli to regular/civil police Karnaprayag, District Chamoli. The investigation shall be conducted by the regular police de novo. 6. With the aforesaid observation and direction, the writ petition is disposed of.