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2017 Supreme(UK) 582

V.K.BIST
GAJENDRA SINGH KUNWAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


For the Petitioner:Mr. Sandeep Tiwari and Mr. V.S. Rawat, Advocates
For the Respondents: Mr. Raman Kumar Sah, Dy. Adv. General assisted by Mr. Prem Kaushal, Brief Holder

JUDGMENT

Hon’ble V.K. Bist, J.

Prayers in the writ petition is as follows:-

“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents nos.1 and 2 to change/transfer of investigation of F.I.R. No.1/2017 under Sections 324, 504, 506 of IPC from revenue Police Patwari Circle Sirosain (Karnaprayag) District Chamoli to regular/civil police Karnaprayag, District Chamoli.

(ii) Issue a direction to the respondent nos.1 and 2 to initiate appropriate departmental proceedings against respondent no.4 Patwari, Circle Sirosain, Karnaprayag, District Chamoli for his malafide conduct.

(iii) Issue a direction to the concern police station to complete investigation as per the provision of Section 173 Cr.P.C.”

2. Facts, necessary for adjudication of the case are, as follows:

Petitioner is a senior citizen aged about 74 years. Petitioner and respondent nos.6 & 7 are residents of same village i.e. Village Khageli, P.O. Bhatoli, Patti Sirosain (Karnaprayag), District Chamoli. The said respondents used to keep personal enmity with the petitioner and his family. On 23.04.2017 at about 11 AM, when the petitioner along with his wife, who is aged about 67 years, were atten







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