LAWS(UTN)-2011-12-175

SUKWANT SINGH Vs. STATE OF UTTARAKHAND AND ORS

Decided On December 16, 2011
Sukwant Singh Appellant
V/S
State of Uttarakhand and Ors Respondents

JUDGEMENT

(1.) Heard.

(2.) By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report No. 393 of 2010 (Crime No. 378 of 2010), relating to offence punishable under section 302 of I.P.C., Police Station Ranipur.

(3.) Learned counsel for the petitioner submitted that petitioner is a public servant (Forest Official). It is pointed out that from the First Information Report itself it is clear that the complainant's father Babu Lal (deceased) had trespassed the reserve forest. There are cross versions of the incident regarding the killing of the father of the complainant. The case of the forest department is that their official in " Operation Arundati " had acted in discharge of their duties, and did not kill Babu Lal.