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2023 DIGILAW 100 (UTT)

Nari Chand v. State of Uttarakhand

2023-01-16

RAVINDRA MAITHANI

body2023
JUDGMENT Ravindra Maithani, J. - The challenge in this petition is made to the FIR No. 374 of 2022, under Sections 308 & 504 IPC, Police Station Khatima, District Udham Singh Nagar. 2. Heard learned counsel for the parties and perused the file. 3. According to the FIR, on 19.12.2022 at 7:30 p.m., the petitioner along with co-accused assaulted the informant with danda. The informant was hit on his head, due to which, he fell down and became unconscious. 4. Learned counsel for the petitioner would submit that the petitioner apprehends his arrest without compliance of the provisions as contained under the Code of Criminal Procedure, 1973 and/or without following the directions of the Hon'ble Supreme Court, as laid down in the case of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 . 5. It is a writ petition under Article 226 of the Constitution of India. In such matters, if FIR discloses commission of a cognizable offence, generally no interference is warranted. It is a case of assault on head. The FIR has been lodged by the injured. The FIR discloses commission of cognizable offence. There is no reason to make any interfere. Accordingly, the present criminal writ petition deserves to be dismissed. 6. The present criminal writ petition is dismissed. 7. When these lines are dictated, learned counsel for the petitioner would submit that this order should not come into the way of the petitioner applying for anticipatory bail. Undoubtedly, the field of anticipatory bail is quite distinct than the area which is covered by the writ petition, like the instant case.