VISHESH GUPTA Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Present petition has been filed for the following reliefs:-

(2.) The facts relevant to the writ petition are that on 07.07.2017 complainant-S.I. Umrao Singh was on night duty. Complainant received an information from a constable that a Guard of SBI ATM, Gadarpur informed that somebody has fired upon the petitioner with the intention to kill him. On that complainant-respondent no.3 reached on the spot, where one Beant Singh Baba and journalists were there. Beant Singh Baba informed that when he was at home, he received a phone call of one Rafiq Kabadi, who informed that somebody has fired at the back of the petitioner and the petitioner was taken to Bajpur Govt. Hospital in the private car of Beant Singh. Thereafter petitioner was taken to Haldwani and Meerut and finally discharged from Meerut. It is submitted that petitioner moved an application for surrender before the CJM, Bajpur being application no.117 of 2017 in which a report was called and police reported that petitioner is wanted in Case Crime No.78 of 2017 under section 307 109, 120-B of IPC & 25 Arms Act. It is reported that during investigation, it was found that statements of accused Mohd. Rafiq, Devendra and Saleem were recorded in which it was found that tamancha, taat bora (jute bag) and ply wood were used on the instruction of the petitioner for causing self inflicted injuries. They stated that petitioner himself wanted to inflict injuries on his person in order to falsely implicate his rivals in a property dispute and since then petitioner is wanted in Crime No.78 of 2017 under sections 307, 109, 120-B IPC & 25 Arms Act.

(3.) Learned counsel for the petitioner submits that a person would act in such a manner in which he can be killed. He submits that police in order to give advantage to the real assailant, falsely implicated the petitioner on the basis of statement of the other accused. He submits that petitioner himself is a victim and injured and now he has been made scapegoat at the hands of the police. He submits that petitioner is a law abiding citizen and is local resident.