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2017 DIGILAW 67 (UTT)

NIKESH SINGH v. STATE OF UTTARAKHAND

2017-01-18

V.K.BIST

body2017
JUDGMENT Hon’ble V.K. Bist, J. Heard Mr. Abhishek Verma, learned counsel for the petitioners and Mr. K.S. Rautela, learned Government Advocate for the State of Uttarakhand / respondent nos. 1 & 2. 2. This writ petition has been filed by the petitioners challenging the FIR dated 10.01.2017 registered as Case Crime No. 17/2017 under Sections 420 467, 468, 471, 120-B of the Indian Penal Code, Police Station Sahaspur, District Dehradun, which has been lodged by respondent no. 3. In the FIR, it has been alleged that the plant of the complainant is situated at Khushalpur and they have come to know that some persons and vehicle owners, by forging Form-J of the plant of the complainant, are indulged in doing illegal mining and are causing undue loss to the complainant. It has further been alleged that the Police has seized a Vehicle / Truck UK 15 CA 0250, in which, a Form J was found; the said form has not been issued by the plant of the complainant. In this regard, the complainant requested the Police Authorities to take appropriate action in the matter against such persons. 3. Learned counsel for the petitioners submits that in respect of the aforesaid matter of illegal mining and using Form-J of the plant of the complainant, the Police is unnecessarily harassing the petitioners and that there is apprehension of the petitioners being arrested, though the petitioners have nothing to do with Vehicle / Truck UK 15 CA 0250, illegal mining and using Form J. 4. Learned Government Advocate submits that in case, involvement of the petitioners in the aforesaid matter is not found, no action against the petitioners will be taken, but in case, petitioners are found to be involved, action against them will be taken in accordance with law. 5. Recording the submission of the learned Government Advocate, the writ petition is dismissed. 6. It is made clear that it will be open for the petitioners to avail appropriate remedy before the appropriate forum, if the need arises. 7. Urgency Application (IA NO. 205 of 2017) stands disposed of.