POONAM DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By means of the present writ petition, petitioners have put to challenge the FIR No.133 of 2025 dtd. 20/5/2025, u/s 103(2), 109 and 352 of the B.N.S. Act, 2023, registered with Police Station Kotwali Kotdwar, District Pauri Garhwal, as well as for a direction to respondent Nos.1 and 2 not to arrest the petitioners pursuant to the aforesaid FIR.

(3.) The brief facts of the case are that on 20/5/2025, respondent No.3 (informant), who is nephew of the petitioners, lodged an FIR with the averments that his father had a dispute with his brothers-Kundan Singh Mehra (petitioner No.3), Vijay Pal Singh Mehra (petitioner No.2) and Balram Singh Mehra regarding the ancestral property. On 19/5/2025, in the midnight, his cousin-Rahul Mehra S/o Kundan Singh Mehra visited his house and thereby, inflicted the severe injuries on the person of his mother and father with iron rod/wooden stick; on account of which, his mother died and his father was seriously injured who has been admitted in the Kotdwar Base Hospital. It is further alleged in the FIR that the present petitioners had on earlier occasions also misbehaved with his parents.