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2024 DIGILAW 2 (UTT)

Gurmeet Singh v. State of Uttarakhand

2024-01-02

RAVINDRA MAITHANI

body2024
JUDGMENT : Ravindra Maithani, J. The petitioners- Gurmeet Singh and Kalidas Ray alias Kalipad seek quashing of Case Crime No.225 of 2023, under Sections 302, 323, 506 IPC, Police Station Pantnagar, District Udham Singh Nagar, with related reliefs. 2. Heard learned counsel for the parties and perused the record. 3. The deceased had left his house on 01.07.2023 at 5:00 in the morning, but he did not return. All search went in vain. On 03.07.2023, the dead body of the deceased was found in a mutilated state. The FIR records that in fact, on 20.06.2023, when the deceased had gone for cutting grass, he was assaulted and beaten up by the petitioners and others. 4. Learned counsel for the petitioners would submit that the FIR has been lodged after a delay of 3 months; in the FIR, only suspicion has been raised on the petitioners; the FIR has been used as a tool for extortion; there is no evidence against the petitioners; the cause of death could not be ascertained. 5. Learned State Counsel, under instructions, would submit that as of now, no evidence has been found against any person in the matter. 6. It is a writ petition under Article 226 of the Constitution of India. In case, the FIR discloses commission of offence, generally, no interference is warranted unless there are compelling circumstances to do so. 7. It is true that the FIR has been lodged based on application under Section 156(3) of the Code of Criminal Procedure, 1973 given by the informant, which was given on 06.09.2023. The process has been delayed. It is also true that, according to the FIR, it is not a case of direct evidence. It is also true that the petitioners have been named on the basis that on 20.06.2023, the deceased was beaten up and he had told that it is the petitioners and the co-accused, who had treated the deceased in that manner. The question that would fall for investigation is as to how the deceased died? If it is a homicidal death, who has caused it? How was it caused? What was its motive? When was it caused? These and many other related questions would be answered by the Investigating Officer. At this stage, this Court cannot intervene in the matter. 8. The question that would fall for investigation is as to how the deceased died? If it is a homicidal death, who has caused it? How was it caused? What was its motive? When was it caused? These and many other related questions would be answered by the Investigating Officer. At this stage, this Court cannot intervene in the matter. 8. The FIR discloses that the deceased was found dead and there were various injuries on the person of the deceased. Therefore, this Court is of the view that there is no reason to make any interference, at this stage. The petition deserves to be dismissed, at the stage of admission itself. 9. The petition is dismissed in limine.