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2017 Supreme(UK) 41

U.C.DHYANI
Naveen Kumar Garg – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Parikshit Saini
For the State-Respondents: Mr. M.A. Khan, Mr. Milind Raj, Mr. K.S. Chaudhary

JUDGMENT :

U.C. Dhyani, J.

By means of present writ petition, the petitioner prays for the following reliefs, among others:

“(a) A writ, order in the nature of certiorari quashing the impugned FIR of case crime no. 86 of 2015, under Sections 420, 467, 468, 471, 406 and 120-B of IPC, Police Station Vikas Nagar, District Dehradun (Annexure-1).

(b) A writ, order or direction in the nature of mandamus commanding the respondents no. 1 & 2 not to harass the petitioner in view of the impugned FIR till the collection of any credible evidence against the petitioner and till the filling of the charge sheet.”

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

3. It is the submission of learned counsel for the petitioner that the first information report was lodged in the year 2015 and there is no default in repayment of loan to the bank.

4. Although, one of the offences alleged against the petitioner entails punishment for more than 7 years, but learned counsel for the petitioner contends that no such offence is made out against the petitioner and if the commission of that offen







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