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2017 Supreme(UK) 520

U.C.DHYANI
LIYAKAT ALI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioners:Mr. Vikas Bahuguna, Advocate
For the Respondents: Mr. M.A. Khan, Learned Dy. Adv. General, assisted by Mr. S. K. Chaudhary and Mr. Milind Raj, Brief Holders

JUDGMENT

Hon’ble U.C. Dhyani, J. (Oral)

1. Since the present writ petitions arise out of the same FIR, therefore, they are being disposed of together by this common Judgment with the consent of learned counsel for the parties.

2. By means of present writ petition, the petitioners pray for the following relief, among others:

“(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 03.01.2017, lodged by the respondent no.3 arising out of case crime no. 03 of 2017 for the offences punishable under Sections 420, 120-B and 506 of IPC at Police Station Clementown, District Dehradun (Annexure-1).

(b) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 not to arrest the petitioner with impugned FIR dated 03.01.2017, lodged by the respondent no.3 arising out of case crime no. 03 of 2017 for the offences punishable under Sections 420, 120-B and 506 of IPC at Police Station Clementown, District Dehradun.”

3. 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.

4. It is the








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