Research › Search › Judgment

Uttarakhand High Court · body

2021 DIGILAW 90 (UTT)

BALBEER SINGH v. STATE OF UTTARAKHAND

2021-01-28

SHARAD KUMAR SHARMA

body2021
JUDGMENT Hon'ble Sharad Kumar Sharma, J. Mr. Sarvesh Agarwal, learned counsel has put in appearance on behalf of the complainant-respondent no. 3. He submits that he will file his authority in the Registry within 48 hours. 2. The counsel for the petitioners is directed to ensure the service of the copy of the writ petition on him. 3. The petitioners, in the writ petition, questions the veracity of the FIR No. 39 of 2020, which was registered at P.S. Mussoorie, District Dehradun, allegedly for commission of the offences under Section 406, 420, 380, 388, 447 & 120-B of the IPC, which has been registered by the complainant-respondent no. 3, as against the present petitioners on 29.12.2020. 4. The undisputed facts which are reflected from the records of the writ petition are as under:- (a) There is a prior pending Civil Suit No. 598 of 2017 which is pending consideration before the Court of Civil Judge, Senior Division, Dehradun, in which the complainant is a party and there operates a temporary injunction dated 30.11.2017. (b) There had been yet another independent Case No. 598 of 2017, which had been instituted under Section 41 of the Land Revenue Act, in which the proceedings are going on and a report of the Lekhpal dated 10.12.2020 is already on record. (c) The other co-accused person, Balwant has approached this Court by way of a Criminal Writ Petition No. 47/2021, in which the interim protection has already been granted by the coordinate Bench on 20.01.2021. 5. In view of the aforesaid circumstances, what is reflected is that their happens to be an apparent civil dispute between the parties, in relation to the subject matter for which now an FIR has been registered during the subsistence of the temporary injunction order granted by the civil courts. 6. Let the counter affidavit be filed by the respondents within a period of three weeks. 7. By way of an interim measure, it is directed that respondent no. 2 would not take any coercive steps against the present petitioners, subject to the condition that they participate in the investigation and render full cooperation. 8. Stay application and the urgency application stand disposed of accordingly.