LAWS(UTN)-2017-8-65

RAJESH RASTOGI Vs. STATE OF UTTARAKHAND & OTHERS

Decided On August 11, 2017
Rajesh Rastogi Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioner for quashing the impugned F.I.R. dated 07.04.2017, registered as F.I.R. No.43 of 2017 (Case Crime No. 01 of 2017), under Section 302, 201, 380 & 467 I.P.C., registered at Police Station Kotwali Karanprayag, District Rudraprayag.

(2.) Allegation against the petitioner in the F.I.R. lodged by the respondent no.3 (complainant) is that his mother was missing since 04.04.2017 and, on 06.04.2017, her dead body was recovered. It is also stated that his mother has been killed by some miscreants during the course of robbery.

(3.) Learned counsel for the petitioner submitted that petitioner has been falsely implicated in the present case. He submitted that petitioner is the relative of the co-accused and is not named in the F.I.R. He submitted that police is trying to arrest the petitioner on the ground that the petitioner has purchased some case property from the main accused. He submitted that, in such circumstances, interim protection should be granted to the petitioner.