Supreme CourtDivision Bench(2011) 06 SC CK 0025

Umesh Kumar vs State of Uttarakhand and Others

Supreme Court Of India · Decided on 1 June 2011 · Citation: (2011) 4 UJ 2580

HON’BLE JUDGES
G. S. Singhvi, J · Chandramauli Kumar Prasad, J
RESULT
Allowed
CASE NUMBER
Writ Petition (Criminal) No. 114 of 2011

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Judgment

7 paragraphs · 239 words
1.

In this petition, the Petitioner has made the following substantive prayers:

a) Issue a writ of mandamus to the Respondents for conducting an independent and impartial probe by a premier investigating agency having an All-India jurisdiction, into the pending cases being criminal case No. 184/2010, Criminal Case No. 193/10 pending at P.S. Raipur, Dehradun, Uttarakhand, case crime No. 63/11 pending at P.S. Sadar, Dehradun and FIR No. 211/2010, pending at P.S. Laksar, District Haridwar and any other fresh cases against the Petitioner and his family members.

b) Issue a writ of mandamus to the Respondents directing them to not file any criminal case against the Petitioner and his family members without prior leave of this Hon'ble Court.

c) Pass any such further and other orders as your Lordship may deem just and proper in the interest of justice."

2.

After making some submissions, learned Counsel for the Petitioner made a request that his client may be permitted to withdraw this petition with liberty to approach the High Court for appropriate relief.

3.

The request of the learned Counsel is accepted and the writ petition is dismissed as withdrawn with liberty in terms of the prayer made.

4.

It is made clear that this Court has not expressed any opinion on the merits or demerits of the Petitioner's cause and the writ petition, if any, filed by him shall be decided by the High Court on its own merits.