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2020 DIGILAW 334 (UTT)

Suleman v. State Of Uttarakhand

2020-09-04

RAVINDRA MAITHANI

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JUDGMENT Ravindra Maithani, J. - Petitioners seek quashing of an FIR No. 141 of 2020, under Sections 147, 148, 149, 452, 323, 354, 504, 506, 427 IPC, Police Station-Pathri, District- Haridwar. 2. Heard learned counsel for the parties through video conferencing. 3. According to the FIR, on 26th April, 2020, at 5:00 in the evening, when the informant was in his agricultural field, petitioner no. 2 Iltaf intervened and got water in his field. He abused also and threatened the informant to life. On the same day in the evening, all the petitioners armed with Rifle and other weapons assaulted the family members of the informant, outraged the modesty of the women, abused and also damaged the articles of the house. 4. Learned counsel for the petitioners would argue that it is a cross-case, in which, some of the petitioners had to undergo jail. 5. It is a petition filed under Article 226 of the Constitution of India for quashing the FIR. What is argued is that, it is an FIR which is a cross-case. In fact, in the cross-case, a Criminal Writ Petition No. 950 of 2020, was filed, in which, an order has been passed today itself. 6. If the FIR discloses commission of offences, generally no interference is warranted in such proceedings. The truthfulness of the FIR is a subject matter which falls for consideration of the investigating officer and at trial, as the case may be. Therefore, no interference as such is warranted. 7. Learned counsel for the petitioners would also submit that the petitioners still apprehend that they may be arrested without following the statutory guidelines. 8. Needless to say that arrest is definitely not a routine and mechanical act to be exercised by the Investigation Officer. It is something, which curtails a person's liberty and personal freedom of a man. There are various guidelines with regard to exercise of this right. This Court has no doubt that the Investigating Officer shall follow all the guidelines with regard to arrest, if occasion arises. 9. With the above observation, the instant writ petition is dismissed.