Decided on December 09,2013

Rishi Alias Rishiraj Walia Appellant
State of Uttarakhand and others Respondents


- (1.) Since the above mentioned criminal writ petitions arise out of single first information report, therefore, they are being disposed of by this common judgment and order for the sake of brevity and convenience.
(2.) Respondent Ajai Swami pupil of Ravindra Bhramhachari lodged a first information report on 29.07.2013, at 13:15 pm, at PS Muni ki Reti, District Tehri Garhwal, against Ramesh Prasad Mishra, Swami Baldev, Brijpal alias Baba and Rishi alias Rishiraj Walia for the offences punishable under Sections 307, 504 and 506 IPC read with Section 34 IPC. The same was registered as case crime no. 18 of 2013. All the four accused persons named in the first information report have moved the above mentioned criminal writ petitions for quashing the first information report. They also sought interim protection, with the prayer not to arrest the petitioners in pursuance of the first information report dated 29.07.2013, registered as case crime no. 18 of 2013, under Sections 307, 504 and 506 IPC read with Section 34 IPC.
(3.) This Court, while taking up the matters on 22.08.2013, directed, among other things, as under : "Learned counsel for the private respondents submitted that petitioners Rishi alias Rishiraj Walia and Brijpal alias Baba are persons of criminal antecedents, in as much as a charge-sheet was filed against them in the past also. A dispute over the property is pending between the parties. Learned counsel for the private respondent further submitted that allegations made against the petitioners predominantly give rise to a criminal wrong, with specific element of criminality. Learned counsel for the petitioners, on the other hand, submitted that injured Ravindra Brahamchari received injury on a non-vital part. Offences complained of against the accused persons are under Sections 307, 504, 506, 34 of IPC. It is considered appropriate to pass the following order: Petitioner Ramesh Prasad Mishra is directed to contact the Investigating Officer of the case on 29 th August 2013, petitioner Brijpal alias Baba on 30 th August 2013, petitioner Rishi alias Rashiraj Walia on 31 st August 2013 and petitioner Swami Baldev is directed to contact the Investigating Officer of the case on 2 nd September 2013, and on such subsequent dates, as may be instructed by the Investigation Officer for interrogation and investigation. It is directed, as an interim measure, that no coercive means shall be adopted against the petitioners during the course of interrogation and investigation, provided they cooperate with the investigating agency. It is expected that the investigation of the case shall be completed without unnecessary delay.";

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