Virendra Dhiman Vs State Of Uttarakhand And Others

Uttarakhand High Court 20 Oct 2023 Criminal Writ Petition No. 1456 Of 2023 (2023) 10 UK CK 0117
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Writ Petition No. 1456 Of 2023

Hon'ble Bench

Ravindra Maithani, J

Advocates

Rajveer Singh, Pranav Singh, M.A. Khan, Vipul Painuly, Bilal Ahmed

Final Decision

Dismissed

Acts Referred
  • Indian Penal Code, 1860 - Section 120B, 376, 388, 420

Judgement Text

Translate:

Ravindra Maithani, J

1. The petitioner seeks quashing of FIR No.0168 of 2023, under Sections 120-B, 420 and 388 IPC, Police Station Khanpur, District Haridwar, with

related reliefs.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, a complaint, in respect of rape related offences, was given against the nephew of the informant by a person. In that matter,

the petitioner and others started blackmailing the family of the informant and demanded Rs. 17 Lakhs or Rs. 23 Lakhs, or else it was threatened that

the nephew of the informant would be sent behind bars. The FIR has other details as well.

4. The petitioner had earlier filed similar writ petition, which he withdrew on 06.09.2023. It appears that, thereafter, the petitioner moved an

anticipatory bail application (ABA No.881 of 2023), in which, on 12.10.2023. notices were issued, and the next date fixed is 02.11.2023.

5. Learned counsel for the petitioner would submit that now case under Section 376- IPC has already been lodged against the nephew of the

informant. He would submit that till the anticipatory bail application is taken up on 02.11.2023, the petitioner may be protected.

6. The petitioner could have sought protection in the anticipatory bail application. There is a provision of ad-interim anticipatory bail as well. It appears

that having failed in securing ad-interim anticipatory bail, the petitioner has again tried to knock the door of this Court, by way of filing the instant

petition.

7. The FIR reveals very serious offences of threatening to lodge an FIR pertaining to rape. What is its truthfulness and credibility, it would fall for

scrutiny during investigation or trial, as the case may be. Therefore, this Court is of the view that there is no reason to make any interference.

Accordingly, the petition deserves to be dismissed at the stage of admission itself.

8. The petition is dismissed in limine.

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