GIRDHARI LAL SAHU (G. L. SAHU) v. STATE OF UTTARAKHAND
2017-01-23
SERVESH KUMAR GUPTA
body2017
DigiLaw.ai
JUDGMENT Hon’ble Servesh Kumar Gupta, J. 1. Mr. B.D. Upadhyaya, Senior Advocate, assisted by Mr. Vinod Tiwari, Advocate for the applicants. 2. Mr. K.S. Rautela, Government Advocate, assisted by Smt. Mamta Joshi, Brief Holder for the State. 3. Mr. Learned Senior Counsel on behalf of the applicants/petitioners has earnestly entreated to the Court that his wife Smt. Rekha Arya is going to file her nomination on the ticket given by the Bhartiya Janata Party (BJP) to present herself as a potential contesting candidate in the forthcoming elections of the Legislative Assembly from the Someshwar constituency and because she, after defection from the Congress Party, joined the BJP and supported the latter in the floor test on 10.5.2016 in the Assembly, since then a mission has been launched by the high-ups of the ruling Congress Party to take every vengeance and not to leave any stone unturned pursuant to the political vendetta against her and her family. As a consequence, soon after the floor test, not one or two, but as many as five FIRs inter alia under Sections 506, 420 IPC were managed to be lodged against her husband Girdhari Lal Sahu in a land transaction matter between him and his associate on the one hand and Mr. Sundar Singh Bist and his associates on the other. All these FIRs were challenged by way of filing five separate separate writ petitions, wherein a coordinate Bench of this Court was pleased to direct Girdhari Lal Sahu to appear before the Investigation Officer and answer the queries put to him on all the dates as asked by the Investigation Officer. 4. Learned Senior Counsel for the applicants has argued that many a times, the accused appeared and answered the queries so put to him by the Investigation Officer, but unfortunately the Investigation Officer, who was conducting the investigation in all those five cases, was transferred and a new Investigation Officer joined on 11.10.2016, to whom the task of investigation has been assigned. Applicants tried to contact the new Investigation Officer, but all went in vain. So, the Investigation Officer moved an application 29.11.2016 to the Magistrate concerned narrating the details of all five FIRs and their crime numbers and requested for issuance of the arrest warrants against the applicants/petitioners.
Applicants tried to contact the new Investigation Officer, but all went in vain. So, the Investigation Officer moved an application 29.11.2016 to the Magistrate concerned narrating the details of all five FIRs and their crime numbers and requested for issuance of the arrest warrants against the applicants/petitioners. Magistrate concerned quickly issued the NBWs on the same date without rendering any opportunity of hearing to the applicants to clarify their stand in this regard. 5. When the petitioners moved warrant recall application on 9.1.2017, it was rejected by the Magistrate concerned with the observation that since the proceedings are pending before the High Court, hence it was not proper to pass any order in such matters. 6. Learned Senior Counsel has apprised the Court that out of the five writ petitions, Criminal Writ Petitions No. 1594/2016, 1595/2016 and 1596/2016 have been allowed on the basis of compromise and, as a consequence, First Information Reports bearing no. 203/2016, 204/2016 and 205/2016, PS Kichha, under Section 420 and 506 IPC, lodged against the applicants, have been quashed by the same coordinate Bench of this Court on 30.11.2016. He also submitted that the remaining two FIRs also depict similar, rather same controversy pertaining to the same plots, same transaction and in that very area. 7. Although the High Court was kind enough to extend the time for the applicants to put the presence before the Investigation Officer many a times, but in the present sensitive and crucial hours, where the prestige of the applicant Girdhari Lal Sahu, his wife and a co-accused is at stake as Smt. Rekha Arya has to file the nomination papers, but the Investigation Officer is bent upon at the behest of high-ups to arrest Mr. Sahu under the garb of ensuring his presence before him. All this is being done under the backdrop of political vendetta, as mentioned above. 8. In the peculiar facts and circumstances of the case, I stay the arrest of the applicants/petitioners in connection with FIR No. 201/2016 and 206/2016, PS Kiccha, District Udham Singh Nagar and direct the Investigation Officer that he will not arrest the applicants during the course of investigation.
8. In the peculiar facts and circumstances of the case, I stay the arrest of the applicants/petitioners in connection with FIR No. 201/2016 and 206/2016, PS Kiccha, District Udham Singh Nagar and direct the Investigation Officer that he will not arrest the applicants during the course of investigation. At the same time, the applicants/petitioners shall cooperate in the investigation and they will freely appear before the Investigation Officer or any authority, whosoever, if they are asked to appear by sending them the call, but subject to the above condition slapped by the Court on the Investigation Officer. 9. Applicants/petitioners shall present themselves before the Investigation Officer within a week from today within the local territory of the police station concerned. 10. This petition stands disposed of finally. 11. Certified copy of this order shall be issued to learned Counsel for the applicants today itself on his expenses.