SWAMI RAJ VIBHU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petition, petitioner has put to challenge the FIR No.0545 of 2025 dtd. 5/12/2025, for the offences punishable under Ss. 115(2), 351(3), 352 and 69 of B.N.S. 2023, registered with Police Station Rishikesh, District Dehradun and further prayed for a direction to respondent Nos.1 and 2 not to arrest the petitioner pursuant to the aforesaid FIR.

(2.) It is contended by learned counsel for petitioner that the impugned FIR is wholly false and malicious; there is no evidence available on record to prove the alleged allegations as leveled by respondent No.3 against the petitioner and to connect him with the alleged crime. It is further contended by him that the respondent No.3 has launched the criminal proceedings against the petitioner with malafide intention and with an ulterior motive for wrecking vengeance on petitioner with a view to spite him in a false and fabricated case due to his annoyance and personal grudge.

(3.) Learned counsel for petitioner contends that respondent No.3 has consistently engaged in harassment, blackmail and intimidation. The FIR was lodged immediately after the petitioner approached senior police officials with his complaint and supporting audio evidence regarding extortion and harassment. Impugned FIR is therefore patently retaliatory and intended only to pressurize, intimidate and humiliate the petitioner so as to either force him to succumb to illegal demands or deter him from pursuing his lawful remedies, thus, the impugned FIR is liable to be set aside.