The Uttarakhand high court passed a judgement on 07th April 2022 in the case Sheetal Kaur v. state of Uttarakhand and others (CRIMINAL WRIT PETITION NO. 588 of 2022) and the case was presided over by THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
FACTS OF THE CASE
The First Information Report has been registered on 28.01.2022 after the order of the Chief Judicial Magistrate, Dehradun, on the application, filed by the informant under Section 156 (3) of the Code of Criminal Procedure, 1973.
According to the F.I.R., Mr. Ashok Kumar, the husband of the informant Smt. Anjana Rani, the respondent no.4, died on 23.07.2021 at Max Hospital, Dehradun. The informant, aged about 55 years, has no children. The present petitioner-accused is the wife of co-accused Sahil alias Manoj. Sahil alias Manoj is the son of Arun Kumar, co-accused. The co-accused Arun Kumar is the brother of the husband of the informant. The informant, after the death of the husband, is the sole owner of the husband’s property. The petitioner-accused and the co-accused persons want to usurp the property of her husband. On 22.10.2021, at around 5 p.m., all the accused persons locked her inside the house and kept a man named Sagar as guard at the door from 26.10.2021.
Meanwhile, a fake succession certificate was prepared by the present petitioner’s husband calling himself the son of the informant and her husband, and, on the basis of the said fake succession certificate, a car, a motor-cycle and a scooter of the informant’s deceased husband were taken. All these vehicles are in the possession of the present petitioner-accused and co-accused persons. The parents of the petitioner threaten her. All the accused persons put their lock on her house. After the death of her husband, lakhs of rupees were also withdrawn from her husband’s bank accounts. The informant has a shop in front of the Police Chauki, located on Kawali Road, on which, the accused persons are continuously threatening to take possession.
It is well settled that at the time of investigation, merits of the case cannot be tested and it is wholly impermissible for this Court to enter into the factual arena to adjudge the correctness of the allegations. This Court would not also examine the genuineness of the allegations since this Court does not function as a Court of Appeal or Revision, while exercising its jurisdiction under Article 226 of the Constitution of India. In this matter it cannot be said that there are no allegations against the petitioner. Apart this, learned counsel for the petitioner could not able to show at this stage that allegations are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the petitioner.
In view of the aforesaid analysis, the prayer for quashing the FIR is refused. Therefore, this Criminal Writ Petition (No.588 of 2022), filed under Article 226 of the Constitution of India, fails, and, accordingly, is dismissed.
Since, the investigation is in progress, this Court makes it clear that the observations made earlier are only for the disposal of this application, filed under Article 226 of the Constitution of India. These observations will not influence the investigation or the trial.
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JUDGEMENT REVIEWED BY ANANTH PAI