ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioners, by means of present criminal writ petition, seek a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 04.11.2013, registered as FIR no. 359 of 2013, under Sections 147, 148, 149, 332, 353, 427, 109 IPC and Section 7 Criminal Law Amendment Act, relating to police station, Kichha, District Udham Singh Nagar.

(2.) WHEN the writ petition was taken up for hearing on 29.04.2014, this Court passed an order, operative portion of which is reproduced here -in -below: "Considering the manner in which the incident took place, it is provided as an interim measure that no coercive measures shall be adopted against the petitioners during the course of interrogation and investigation, provided they cooperate with the investigating agency. This interim order shall be valid only till the next date of listing."

(3.) LEARNED Dy. Advocate General says that the investigation of the case is going on and the same will reach to its logical conclusion soon. Considering the facts of the case as also the interim protection which has already been granted in favour of the petitioners, it will be of no use keeping the present criminal writ petition pending for disposal, in as much as, the investigation is going on and ultimately, the investigation will come to its logical conclusion only under Section 173 of the Code of Criminal Procedure either by a final report or by a chargesheet. The same is accordingly being disposed of in view of the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs State of Bihar and another, 2014 8 SCC 273, wherein it was held as under: