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2020 Supreme(UK) 274

RAVINDRA MAITHANI
Gulfam – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Radha Arya, Advocate, Siddhartha Bisht, Advocate

JUDGMENT

Ravindra Maithani, J. - Petitioner Gulfam seeks quashing of an FIR No. 340 of 2020 under Sections 153-A, 295-A IPC and under Section 26 of Indian Forest Act, 1927, Police Station Vikasnagar, District Dehradun.

2. Heard learned counsel for the parties through video conferencing.

3. According to the FIR, under the garb of cutting trees, the co-accused Arif demolished a Hanuman temple and also desecrated and damaged the idol. It has outraged the religious feelings of a community.

4. Learned counsel for the petitioner would argue that the petitioner is a contractor, who was given a task of cutting trees by the Forest Department and one of his worker was on the spot. Petitioner has no role, in any manner, with any incident. In fact, it is also argued that temple was not damaged.

5. Annexure No. 3 are photographs of the concerned temple, as stated in para 6 of the petition and according to the petition, the workers have only removed the railing of the temple and they did not touch the idol, but, the photograph reveals that not only railings, but, its roof was also dismantled. This Court refrains to make any further observation about these photographs.

6. There are categorical all

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