Radhey Shyam Saxena vs State of Uttarakhand

Prafulla C. Pant, J.—Heard.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the First Information Report dated 18.08.2011, registered as crime No. 319 of 2011, relating to offences punishable u/s 447, 448 Indian Penal Code, and one punishable u/s 11 of U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972, Police Station Ranipur, District Haridwar.

Learned Counsel for the Petitioner submitted that the Petitioner is husband of Kanta who was Female Head Constable in District Jail, Haridwar. Said employee died on 08.06.2009. Since then, the government quarter in jail premises is said to have been not vacated. After, several requests and notices were issued to the Petitioner. It is mentioned in the FIR that it is causing security threat in the jail premises of the Government.

Having considered submissions of learned Counsel for the Petitioner, and learned Counsel for the State, and after going through the papers on record, this Court is not inclined to interfere with the investigation of the case.

Therefore, this writ petition is dismissed summarily with the observation that if the Petitioner Radhey Shyan Saxena surrenders before the court concerned his bail application shall be heard, and disposed of without unreasonable delay.

(Stay application No. 8970 of 2011, stands disposed of)