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2023 Supreme(UK) 531

RAKESH THAPLIYAL
Anoop Aggarwal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D.S. Patni, assisted by Mr. Dharmendra Barthwal
For the Respondent Mr. Amit Bhatt, Mr. Arvind Vashisth, learned Senior Counsel assisted by Mr.Bhuwan Bhatt, learned counsel.

JUDGMENT :

RAKESH THAPLIYAL, J.

By the instant writ petition, preferred under Article 226 of the Constitution of India, the petitioners are challenging the First Information Report, lodged at P.S. Kashipur, District Udham Singh Nagar, on 26.10.2023, bearing FIR No.0551 of 2023, whereby the petitioners including three other named persons alongwith one known person were implicated for the offences punishable under Sections 147, 148, 149, 307, 323, 384, 504 & 506 IPC. The reliefs, as sought in the present writ petition, are being extracted here-in-below:-

    “i) Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 26-10-2023 being FIR No.0551 of 2023, for the offences punishable under section 147, 148, 149, 307, 323, 384, 504 & 506 of IPC, Police Station Kashipur, District Udham Singh Nagar (contained as Annexure no.1 to this writ petition).

ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no.2 not to arrest the petitioners in connection with impugned first information report dated 26-10-2023 being FIR No.0551 of 2023, for the offences punishable under section 147, 148, 149, 307,

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