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2016 Supreme(UK) 782

U.C.DHYANI
Anil Kala – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vikas Bahuguna
For the Respondent: Mr. A. S. Gill, Mr. Milind Raj, Mr. Rakesh Kunwar and Mr. K.S. Chaduhary, Mr. Sanjeev Singh

JUDGMENT :

U.C. Dhyani, J.

By means of present writ petition, the petitioners pray for the following reliefs, among others:

“(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 04.10.2016 in case crime no. 54 of 2016 under Sections 420, 467, 468, 471, 504 and 506 of IPC, PS Baggawala, District Haridwar (Annexure No. 1) lodged by respondent no.3.

(b) Issue a writ, rule, order or direction in the nature of mandamus commanding the respondent no. 1 & 2 not to harass the petitioners and arrest the petitioners in view of the impugned FIR till the collection of any credible evidence against the petitioners.”

2. Heard learned counsel for the petitioners, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition.

3. An FIR was registered at the behest of respondent no.3 inter alia on the grounds that respondent no. 3 alongwith two others purchased certain piece of land from Mr. Rachit Uniyal S/o Sh. D.N.Uniyal who was the power of attorney holder of Sh. Sunil Kumar Agarwal s/o Mr. Vishwanath Agarwal, Smt. Sarika Agarwal w/o Ramesh Kumar Agarwal, Mr. Vimal Kumar Agarwal s/o Mr. Sayaga








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