Writ Petition (Crl) No. 105 of 2017. Case: Vikas Jain Vs State of Uttarakhand and Ors.. Uttarakhand High Court

Case NumberWrit Petition (Crl) No. 105 of 2017
CounselFor Appellant: Bharat Tewari, Advocate and For Respondents: K.S. Rautela, Government Advocate assisted by Prem Kaushal, Brief Holder
JudgesS.K. Gupta, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 173, 41, 82; Indian Penal Code 1860, (IPC) - Sections 380, 406, 457; Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(v)
Judgement DateJanuary 24, 2017
CourtUttarakhand High Court


S.K. Gupta, J.

  1. Having heard the pros and cons, it transpires that initially an F.I.R. was lodged on 23.08.2016 by Sri Vijay Kumar (respondent No. 3) against Sri Rishiraj Singh Tomar for the offences of Sections 380, 457 and 406 of I.P.C. read with Section 3(v) SC/ST Act and the brief facts of the said F.I.R. were that Sri Rishiraj Singh Tomar purchased 30 Sq. Mtr. land of Sri Vijay Kumar to raise a construction thereon. Ground and first floors were constructed. The ground floor was taken in occupation by Sri Rishiraj Singh Tomar while the first floor was taken in occupation by Sri Vijay Kumar. Sri Rishiraj Singh Tomar mortgaged his part of the building with bank for some loan and thereafter, by alleged fabrication, another sale deed was got executed by Sri Rishiraj Singh Tomar in the name of his wife so he could succeed to show any third person that his wife is the registered owner of the ground floor of that house. Showing this much, he could convince Sri Vikas Jain alias Rinku Jain for purchase of that house and the latter purchased the said house for due consideration from Sri Rishiraj Singh Tomar.

  2. In this backdrop, this F.I.R. was got lodged by Sri Vijay Kumar against Sri Rishiraj Singh Tomar. During investigation, the name of the petitioner came into light with the facts as highlighted above. So, the investigating officer attempted to arrest Sri Vikas Jain and got issued N.B.W. The Criminal Writ Petition No. 59 of 2017 was presented before the High Court by Sri Vikas Jain for quashing of the proceedings undertaken by the Investigating Officer against him. The said writ petition was disposed of on 12.01.2017 by a coordinate Bench of this Court observing that the Investigating Officer will record his satisfaction regarding the grounds, as have been contemplated under Section 41 Cr.P.C. in order to effect the arrest; only then, he will proceed on. The petitioner was also directed to contact the Investigating Officer on 19.01.2017 or on such subsequent dates, as may be instructed by him.

  3. Now the controversy starts when the Investigating Officer, without waiting the petitioner's visit up till 19.01.2017, moved an application to the concerned Magistrate either on 17.01.2017 or on 18.01.2017 for proclamation under Section 82 of Cr.P.C. and the Magistrate was quick enough to sign such proclamation and that is the reason, the said proclamation could find place in the daily newspapers to the high ignominy of Sri Vikas Jain &amp...

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