Uttarakhand HC: FIR Against Gurudwara Committee President Not Quashed

Nainital, India — In a recent judgment, the Uttarakhand High Court declined to quash the First Information Report (FIR) lodged against the President of a Gurudwara Committee, emphasizing the early stage of the investigation and the need for further probe. The court highlighted the importance of allowing investigative procedures to proceed unhindered to gather essential evidence in the case of a fatal shooting at a Gurudwara.

Case Background:

The FIR implicated the petitioner, the President of the Gurudwara Prabandhak Committee, and others under suspicions of conspiracy related to the fatal shooting of the Dera Parmukh at Dera Kar Sewa Shri Nanakmatta Sahib. The attack occurred on the premises of the Gurudwara, suggesting internal conflicts over property management. The petitioner filed a writ petition challenging the FIR and seeking protection against arrest.

Contentions:

The petitioner argued that the FIR lacked specific allegations linking him directly to the crime and contended that his involvement was speculative. It was stressed that there was no criminal history to support the accusations, making a case for quashing the FIR and seeking interim protection from arrest.

Court’s Observations:

The bench highlighted the early stage of the investigation and stressed the need to allow the investigative process to proceed without hindrance. Quashing the FIR prematurely could impede the collection of necessary evidence and hinder a thorough investigation. The court emphasized the statutory rights of the police to investigate and asserted minimal judicial intervention unless abuse of power is evident.

The judiciary’s role, the court noted, is to prevent miscarriage of justice, respecting the division of functions between the judiciary and the police. The police are entrusted with the authority to investigate without undue judicial interference.

Court’s Decision:

Considering the facts and circumstances, the court dismissed the writ petition, allowing the investigation to continue without quashing the FIR.

Case Details:

• Case Title: Harbans Singh Chugh v. State of Uttarakhand and Others
• Coram: Hon’ble Mr. Justice Rakesh Thapliyal
• Case No.: WP (Crminal) No. 299 of 2024
• Advocates for the Petitioner: Advs. Mr. Arvind Vashishth, Mr. Vikas Kumar Guglani
• Advocates for the Respondent: Advs. Mr. Amit Bhatt, Mr. Saurabh Pandey, Mr. S.K Mandal & Mr. Lalit Sharma

This judgment underscores the court’s cautious approach in allowing investigations to proceed without undue interference, especially at the nascent stages, to ensure the proper administration of justice.

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