SHAMIM AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Shamim And Others
State of Uttarakhand and another
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(1.) Having heard learned counsel for the parties, it
transpires that an FIR was lodged on 11.10.2011 against as
many as nine persons for the offence under Section 147, 307,
323, 427 IPC in Police Station Bhagwanpur, Roorkee, District
Haridwar. Out of these 9 persons, Abdul Subhan (applicant no.
3) was arrested on 11.10.2011 and remanded to judicial custody
for the offences, as indicated above.
(2.) The Investigating Officer Mr. Atul Naithani moved
an application on 19.10.2011 through Assistant Prosecuting
Officer that no offence under Section 307 IPC has been found
against accused Abdul Subhan, hence, he requested learned
Magistrate to delete the said Section from the remand papers.
Assistant Prosecuting Officer without expressing his opinion
simply submitted the said application of Investigating Officer
to the court. Learned Magistrate while considering the said
application thought it fit, in the interest of justice, to summon
the entire case diary for his perusal. After perusal of the
evidence collected by Investigating Officer in the case diary,
Magistrate passed an elaborate order dated 21.10.2011 whereby
prayer made by the Investigating Officer was turned down and
on the basis of all prosecution papers, case diary, spot map and
medical report, was of the view that prayer made by the
Investigating Officer is quite unjustified and she was not
inclined to accede the same. She reiterated that offence under
section 307 IPC against Abdul Subhan is made out. It is also
pertinent to mention that when accused Abdul Subhan was
remanded to judicial custody on 12.10.2011 for the offence
under Section 147, 323, 427, 307 IPC, his bail application was
rejected by the court.
(3.) Learned Magistrate also sent a copy of her order,
rejecting the application of Investigating Officer, to the Senior
Superintendent of Police, Haridwar. Feeling aggrieved with
the said order of Magistrate dated 21.10.2011, this petition has
been filed interalios by Abdul Subhan.;
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