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2018 DIGILAW 193 (UTT)

SUKHWANT SINGH v. STATE OF UTTARAKHAND

2018-04-11

V.K.BIST

body2018
JUDGMENT Hon'ble V.K. Bist, J. This petition has been filed by the petitioner seeking the following reliefs: “i) a writ order or direction in the nature of certiorari quashing the impugned F.I.R. dated 21.03.2018 registered as F.I.R. No.133 of 2018 under Section 420, 506 of I.P.C., Police Station Rudrapur, District Udham Singh Nagar. ii) a writ, order or direction in the nature of mandamus commanding the respondent no. 2 not to arrest the petitioner in connection with F.I.R. No.133 of 2018 under Section 420, 506 of I.P.C., Police Station Rudrapur, District Udham Singh Nagar." 2. Allegation against the petitioner in the F.I.R. lodged by the respondent no.3 (complainant) is that, on the pretext of sending the respondent no. 3 abroad, the petitioner & other co-accused persons, grabbed Rs. 7,30,000/- from the complainant. It is also stated in the F.I.R. that neither the respondent no. 3 is being sent to abroad nor his passport, blank stamp papers signed by the respondent no. 3 and the said money is being returned back to the respondent no. 3. Furthermore, threatening of dire consequences is being given to the complainant by the accused persons. 3. Learned counsel for the petitioner submitted that allegations made against the petitioner in the impugned F.I.R. are totally false and, therefore, protection should be granted to the petitioner. 4. Learned Deputy Advocate General vehemently opposed the writ petition. He submitted that allegations made against the petitioner are serious in nature. Therefore, interim relief should not be granted to the petitioner and the writ petition filed by him deserves to be dismissed at the threshold. 5. I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record. 6. The Hon'ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561 , has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. If the FIR, prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences. 7. If the FIR, prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences. 7. I have considered the submission of learned counsel for the parties and gone through the contents of F.I.R. Contents of F.I.R. disclose offence and it is for the Investigating Officer to investigate the case and, thereafter, either to file charge sheet or final report in the matter. It is not a fit case, where the High Court should interfere in this criminal writ petition moved under Article226 of the Constitution of India. Consequently, the writ petition is dismissed. 8. Interim relief application (CLMA No.4319 of 2018) stands rejected. 9. Learned counsel for the petitioner then submitted that in case offence is made out against the petitioner, in that event, the petitioner will surrender before the Court concerned and will move the bail application and the concerned Court may be directed to decide his bail application same day. Considering the submission of learned counsel for the petitioner, it is directed that in case petitioner surrenders and moves bail application, the same shall be decided by the concerned Court expeditiously, preferably on the same day, in accordance with law.