MOHD ISRAR S/O. INAMUL HAQ R/O. HOUSE NO 1381, AZAD NAGAR ROORKEE, P.S KOTWALI GANG NAHAR ROORKEE DISTRICT HARDWAR AND ORS. Vs. STATE OF UTTARAKHAND, THROUGH SENIOR SUPERINTENDENT OF POLICE DISTRICT HARDWAR,
LAWS(UTN)-2012-3-105
HIGH COURT OF UTTARAKHAND
Decided on March 20,2012

Mohd Israr S/O. Inamul Haq R/O. House No 1381, Azad Nagar Roorkee, P.S Kotwali Gang Nahar Roorkee District Hardwar And Ors. Appellant
VERSUS
State Of Uttarakhand, Through Senior Superintendent Of Police District Hardwar, Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) HEARD . By means of this writ petition moved under Article 226 of Constitution of India, the petitioners have sought quashing of the First Information Report registered as Crime No. 20 of 2012, relating to offence punishable under section 212 of I.P.C., Police Station Ranipur, District Hardwar.
(2.) THE allegation against the petitioners is that a convict who was on bail did not surrender to serve out the sentence and as such, a First Information Report was got lodged by the court with the allegations that on issuing Non Bailable Warrants the petitioners made a false statement as to the fact that the convict was not living in Azad Nagar. Learned counsel for the petitioners submitted that petitioners are innocent, and there was no intention on the part of the petitioners to shield the convict from the clutches of law.
(3.) HAVING considered submissions of learned counsel for the petitioners, and learned counsel for the State, in the facts and circumstances of the case, this court is not inclined to interfere with the investigation of the case. Therefore, the writ petition is dismissed summarily, with the observation that if the petitioners namely Mohd. Israr, Ahmad Hasan, Mohd. Anees, Khalil Ahmad, Syed Badre Alam, Saleem Ahmad, Zahoor Ahmad, Zameel Ahmad, Mohd Yusaf, Musharraf and Dalip Kumar, surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay, keeping in mind that the offence is bailable. Apart from this it is further observed that the petitioners shall be required to file one personal bond and one surety bond for each one of them to the satisfaction of the Magistrate concerned. (Stay Application No. 713 of 2012 and CLMA No. 1916 of 2012 stand disposed of).;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.