RAFIUDDIN Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2018-5-51
HIGH COURT OF UTTARAKHAND
Decided on May 04,2018

RAFIUDDIN Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

V. K. Bist, J. - (1.) This petition has been filed by the petitioner seeking the following reliefs: "i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned First Information Report dated 25.03.2018, Case Crime No.273 of 2018, under Section 379, 411, 120-B of IPC & 4/21 of MMDR Act at P.S. Kotwali Laksar, District Haridwar (contained Annexure No.1 to this writ petition). ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos.1 & 2 not to arrest the petitioners in connection with First Information Report dated 25.03.2018, Case Crime No.273 of 2018, under Section 379, 411, 120-B of IPC & 4/21 of MMDR Act at P.S. Kotwali Laksar, District Haridwar, during the pendency of present writ petition."
(2.) Respondent no.3 got lodged an FIR on 25.03.2018 against the petitioner alleging therein that the vehicle was full of illegal minor minerals.
(3.) Learned counsel for the petitioner submits that petitioner has falsely been implicated in the instant case. He submits that the FIR is nothing but is a tactics to harass the petitioner by implicating in false case. He submits that the Investigating Officer without investigating the matter is threatening the petitioner for arrest, which is in violation of fundamental rights of the petitioner.;


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