RAKESH THAPLIYAL
Anoop Aggarwal – Appellant
Versus
State of Uttarakhand – Respondent
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:-
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,
King Emperor v. Khwaja Nazir Ahmad [AIR 1944 PC 18 : (194344) 71 IA 203
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Rashmi Kumar v. Mahesh Kumar Bhada [(1997) 2 SCC 397 : 1997 SCC (Cri) 415 : JT (1996) 11 SC 175]
S.M. Datta v. State of Gujarat (2001) 7 SCC 659
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State of U.P. vs. Naresh, (2011) 4 SCC 324
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State of Kerala v. O.C. Kuttan [(1999) 2 SCC 651 : 1999 SCC (Cri) 304 : JT (1999) 1 SC 486]
State of U.P. v. O.P. Sharma [(1996) 7 SCC 705 : 1996 SCC (Cri) 497 : JT (1996) 2 SC 488]
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