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2023 Supreme(Online)(UT) 37

HIGH COURT OF UTTARAKHAND
HEMU YADAV – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


SL.

No.

Date

Office Notes,

reports,

orders or

proceedings

or directions

and

Registrar’s

order with

Signatures

COURT’S OR JUDGE’S ORDERS

WPCRL No. 86 of 2023

Hon’ble S.K. Mishra, J.

Mr. Siddhartha Sah, learned counsel for the

petitioner.

Mrs. Manisha Rana Singh, learned A.G.A.

for the State.

By filing this writ petition, the petitioner has

prayed for the following reliefs:

1. Issue a writ, order or direction in the

nature of certiorari to quash the FIR No.

4/2023, Police Station, Kichha, District

U.S Nagar under Sections 323, 384, 504

& 506 of IPC.

2. Issue a writ, order or direction in the

nature of mandamus commanding the

respondent nos. 1 & 2 not to arrest the

petitioner in FIR No. 4/2023, Police

Station Kichha, District U.S. Nagar under

Sections 323, 384, 504 & 506 IPC

The contents of the FIR reveal a prima-facie

case under Sections 323, 504 and 506 of IPC.

However, the offence under Section 384 of the

IPC is not made out. The offence under Section

385 of IPC is made out.

In that view of the matter, though, this Court

is not inclined to quash the FIR, gives direction to

the Investigating Officer to act accordingly by

de

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