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2016 Supreme(UK) 48

U.C.DHYANI
Ramesh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Mr. Sanpreet Azmani, for the petitioner
Mr. H.S. Rawal, Mr. S.S. Adhikari, for the State/respondents no. 1 & 2

JUDGMENT :

U.C. Dhyani, J.

1. By means of present writ petition, the petitioner seeks to quash the impugned FIR No. 28/14, dated 12.12.2015, lodged by the respondent no. 3, under Sections 420, 467, 468, 471 and 120-B of IPC, PS Patel Nagar, District Dehradun.

2. It is the submission of learned counsel for the petitioner that no offence, as alleged, is prima facie made out against the petitioner.

3. Learned AGA submitted that the investigation of the case is under progress and it will take sometime to complete the same.

4. Considering the facts of the case, it will be of no use keeping the present criminal writ petition pending for disposal, inasmuch as, the investigation is going on and ultimately, the investigation will come to its logical conclusion only under Section 173 of the Criminal Procedure Code either by a final report or by a charge-sheet. The same is accordingly being disposed of in view of the judgment rendered by Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 Supreme Court Cases 273, wherein it was held as below:

“7.1 From a plain reading of the aforesaid provision, it is evident that a person accused of an offence punishable with im










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