IMPORTANT POINT
The court established that judicial interference in police investigations is limited and should only occur in exceptional cases to prevent miscarriage of justice.

JUDGMENT :

Rakesh Thapliyal, J.

1. By the instant writ petition, the petitioner is praying for quashing of the First Information Report dated 05.05.2024, bearing No. 0354 of 2024, lodged by respondent No. 4 against four persons, namely, Rajan, Hari Om, Guddu as well as against one unknown person for the offences punishable under Sections 147, 302 and 323 IPC, P.S. Manglore, District Haridwar.

2. It is submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR, has no criminal history, and is a resident of the village of Dhandera, Police Station Civil Line Kotwali Roorkee, District Haridwar and he runs a bike mechanic and service shop, namely "Naman Hero Honda Service Centre" in Civil Line, Roorkee, District Haridwar.

3. As per the prosecution, the son of the deceased-Ankit Kumar lodged a First Information Report, alleging therein that the younger brother of the petitioner namely, Gopi loved with one girl namely Versha, daughter of Vijender, resident of Tansipur, Manglaur, District Haridwar and both of them loved with each other and ran away from home and got married. When the father of the petitioner came to know about this incident, both of them ran away from home.

4. It is further alleged that Puran Prakas went for search, then it came to the knowledge that the persons namely Rajan, Hariom and Guddu beaten his father and due to which his father died. In the said incident, one Manjeet Kumar was also beaten, who sustained injuries.

5. Learned counsel for the petitioner submits that earlier to this petition, the petitioner also filed an Anticipatory Bail, bearing ABA No. 489 of 2024; however, the same has been withdrawn by the petitioner with liberty to challenge the FIR in the appropriate forum. He further submits that the petitioner is ready to cooperate with the investigation; however, he may not be arrested.

6. Mr. V.K. Jemini, learned Deputy Advocate General for the State, on instructions, submits that the investigation is still going on and the injured witness had disclosed the name of the petitioner. He further submits that the allegations, as alleged are serious and since the investigation is still going on, therefore the petitioner is not entitled to get any protection, otherwise it will affect the ongoing investigation.

7. I also perused the impugned FIR and it appears from the FIR, a cognizable offence is made out and since the investigation is still going on, therefore, at this stage, there is no any question for quashing of the First Information Report. Apart from this, in the entire writ petition, there is no any averment in order to establish that this is a fit case for quashing of the FIR.

8. This Court, in the case of Anoop Aggarwal and Another Vs. State of Uttarakhand and another, passed in WPCRL No. 1666 of 2023, preferred under Article 226 of the Constitution of India, as well as in the case of Harbans Singh Chugh Vs. State of Uttarakhand and others, passed in WPCRL No. 299 of 2024, holds that it is the statutory right of the investigating agency to carry out the investigation and, during investigation if an interim protection is given, then certainly it amounts to interference with the investigation.

9. Recently, the Hon’ble Supreme Court, in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others, AIR 2021 SC 1918, dealt with the issues wherein the interim orders were passed by different High Courts, in the matter, in which, the relief for quashing the FIR was quashed.

10. I perused the said judgment which was rendered by the Hon’ble Supreme Court wherein the issue of interim orders passed by different High Courts, in the matter, in which, the relief for quashing the FIR was sought, were dealt with. In this case, the Division Bench of the High Court of Judicature at Bombay, on an application filed by the accused under Article 226 of the Constitution of India read with Section 482 of CrPC, sought prayer for quashing of the criminal proceedings, wherei