B.M. DAS AND ORS.. UMESH CHANDRA AND ONE ANR. RAMESH GIRI AND ORS. SANJIV KUMAR AND ORS. Vs. STATE OF UTTARANCHAL & ORS. STATE OF UTTARANCHAL & ORS. STATE OF UTTARANCHAL & ORS. STATE OF UTTARANCHAL & ORS.
LAWS(UTN)-2001-3-12
HIGH COURT OF UTTARAKHAND
Decided on March 03,2001

B.M. Das. Umesh Chandra Appellant
VERSUS
State of Uttaranchal State of Uttaranchal State of Uttaranchal State of Uttaranchal Respondents

JUDGEMENT

M.C.JAIN, J. - (1.)IN each of the present four writ petitions identical prayer has been made for the quashing of the first informa ­tion report. As they raise common question of law, they are being decided by this com ­mon judgment.
(2.)IN writ petition no. 4 of 2000, there are three petitioners, who have prayed for the quashing of the F.I.R. dated 21.9.2000 lodged by the respondent no. 3 Laxmi Prasad Dimri under Section 504/506, I.P.C. stating that he had been receiving threats to his life with abuses on telephone by unknown per ­sons. It was causing mental agony and ten ­sion to him and he had apprehension of be ­ing harmed in translation of such threats. Though they have not been named in the F.I.R., but subsequently the first informant gave out their names by way of affidavit to the Station Officer of the Police Station, Rudraprayag.
There are two petitioners in writ peti ­tion no. 10 of 2000, who have come up for quashing of an F.I.R. in case crime no. 429 of 2000 under Sections 307, 506, 147, 148 and 149 I.P.C. lodged at Police Station, Dalanwala, District Dehradun, inter alia, against them by one Arjun Prakash. The accusation against them by the informant in the F.I.R. is that on 24.10.2000 at about 11.45 p.m. four persons including the present petitioners over took him on two scooters. Two companions of the petition ­ers hurled abuses and opened fire. As a re -. suit, informant's companion Bhagat sus ­tained injury in his head and all the four accused ran away. According to the petition ­ers they have been falsely implicated in col ­lusion with one Manish Billa.

(3.)IN writ petition no. 12 of 2000, the petitioners are five in number, namely, Gyan Giri and his four sons, namely, Ramesh Giri, Naresh Giri, Mahesh Giri and Dinesh Giri. They have prayed for the quashing of the F.I.R. dated 4.10.2000 registered as case crime no. 148 of 2000 under Sections 147, 148, 323, 504, 506, I.P.C., Police Station Ranipur, District Haridwar against them by respondent no. 4, in which it has been al ­leged that they assaulted him (informant), his father Jaswant, uncle and nephews.
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