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2016 Supreme(UK) 685

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


Advocates Appeared:
For the Petitioners:Mr. S.K. Shandilya, Advocate.
For the Respondents: Mr. Rakesh Kunwar, Brief Holder.

JUDGMENT :

U.C. Dhyani, J.

By means of present criminal writ petition, the petitioners seek following reliefs, among others:

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 17.10.2016 registered as case crime no. 345 of 2016, under Sections 147, 323, 504, 506, 354 IPC and Section 3(1)(e)(r)(s)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, relating to P.S. Kotwali Roorkee, District Haridwar.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 and 2 not to harass and arrest the petitioner in aforesaid case crime number.

2. Heard learned counsel for parties and perused the documents brought on record.

3. It is the submission of learned counsel for the petitioners that a civil dispute has already been decided by the civil court in respect of the property in question. The same was decided in favour of the petitioners. Present FIR has been lodged by the respondent no. 3 purely as a counterblast. Earlier, on a similar subject matter, a complaint was filed on behalf of husband of the injured in which the accused persons were exonerated (discharged). So the argument o








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