GURMUKH SINGH ALIAS GORKHA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-6-16
HIGH COURT OF UTTARAKHAND
Decided on June 04,2012

GURMUKH SINGH ALIAS GORKHA Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

U.C.DHYANI, J. - (1.) HEARD.
(2.) INSTANT criminal writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 15.05.2012 lodged by respondent no. 3 and registered as Crime No. 237 of 2012 relating to offences punishable under Section 504, 506 of I.P.C. at police station Kashipur, District Udham Singh Nagar. A prayer has also been made to issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 and 2 not to arrest the petitioners pursuant to lodgement of FIR dated 15.05.2012 by respondent no. 3 in case crime no. 237 of 2012 under Section 504, 506 of I.P.C., police station Kashipur, District Udham Singh Nagar. Brief facts of the case are that respondent no. 3 Surendra Singh lodged an FIR against the petitioners stating therein that Balvindra Kaur alias Malli, wife of the brother of the informant was married to Gurmukh Singh alias Gorkha (petitioner no.1) and after the marriage she also went to Hong Kong. Gurmukh Singh alias Gorkha was also having his first wife when marriage with Malli took place. Two children were begotten by his first wife. The brother of respondent no. 3 also have two minor children who resided in Hong Kong with their mother. The share of ancestral property of minor children of brother of informant was sold by Gurmukh Singh after coming to Kashipur leaving only a part of ancestral property. It is further alleged in the FIR that Gurmukh Singh also wanted to sell off the remaining portion of ancestral property belonging to minor children of brother of the respondent no. 3 and as the informant strongly resisted the same, Gurmukh Singh alias Gorkha started harbouring enmity with him. It is further alleged in the FIR lodged by the informant that on 05.05.2012 petitioner Gurmukh Singh alias Gurkha went back to Hong Kong.
(3.) ON 03.05.2012, at about 05:00 P.M. when informant was at his residence, Gurmukh Singh alias Gorkha along with his brother Gurnam Singh alias Gama came there and started abusing him stating not to obstruct the sale of land and also threatened him of dire consequences if he creates hurdle in their design to sell off the land. The petitioners also threatened the informant that it did not matter to them if one more case is got registered against them at police station Kashipur. Learned counsel for the petitioners submitted that in fact respondent no. 3 / complainant himself sold a portion of ancestral property belonging to minor children of Gurmukh Singh alias Gurkha. It is further submitted on behalf of the petitioners that the complainant lodged this false and frivolous FIR in order to pressurize and harass the petitioner no. 1 who is residing in Hong Kong. It is also submitted on behalf of the petitioners that the continuation of the investigation against the petitioners on the basis of false and fabricated FIR would amount to gross abuse of process of law, and as such the impugned FIR lodged against the petitioners is liable to be quashed.;


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