High CourtsDivision Bench(2007) 11 UK CK 0008

Dr. Anita Singh vs State of Uttarakhand and Sri Anil Singh Garbiyal, Tehsildar

Uttarakhand High Court · Decided on 2 November 2007

HON’BLE JUDGES
Rajeev Gupta, C.J · J.C.S.Rawat, J

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Judgment

12 paragraphs · 441 words
1.

Mr. S.K. Mandal, Advocate for the petitioner. Mr. Amit Bhatt, Addl. Government Advocate for respondents Nos. 1 to 3. They are heard on admission.

2.

Petitioner Dr. Anita Singh has filed this writ petition for the following reliefs:

I. Issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 18.04.2007 lodged by respondent No. 4, which has been registered as Case Crime No. 1513 of 2007, u/s 420, 467 IPC, Police Station Pant Nagar, District Udham Singh Nagar.

II. Issue a suitable writ, order or direction, which this Hon4ble Court may be deem fit and proper in the circumstances of the case.

III. Award the cost of the petition.

3.

The petitioner is seeking quashing of the First Information Report lodged by respondent No. 4 Anil Singh Garbiyal, Tehsildar, Tehsil Kichha, District Udham Singh Nagar leading to the registration of the case against the petitioner at Crime No. 1513 of 2007 at Police Station Pant Nagar, District Udham Singh Nagar for the alleged commission of the offences punishable under Sections 420 and 467 of the I.P.C.

4.

According to the First Information Report lodged against the petitioner, the petitioner is alleged to have obtained a false domicile certificate on the basis of the deliberately disclosed wrong facts in her application and the affidavit filed in support of the application to the effect that her parents are domicile of State of Uttarakhand, whereas, in fact, they were domicile of district Devaria within the State of Uttar Pradesh.

5.

On due consideration of the submissions of the Learned Counsel for the parties; the contents of the First Information Report lodged against the petitioner; and the material available in the police case diary, including the copy of the application submitted by the petitioner for obtaining the domicile certificate and the affidavit filed in support of the said application, we do not find any ground warranting quashing of the First Information Report and the case registered against the petitioner, which is at investigation stage.

6.

We are refraining from commenting on the merits of the case lest it may adversely affect the petitioner4s case at the trial, which the petitioner is yet to face.

7.

The writ petition, therefore, is liable to be dismissed summarily.

8.

Considering that the petitioner is a woman, we deem it proper to direct that in the event of the arrest of the petitioner by the police or her surrender before the court concerned, her bail petition shall be taken up for hearing in accordance with law without any undue delay.

9.

With the above direction, the writ petition stands disposed of.