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2025 DAILYLAW 4029 (UTT)

MADAN SINGH JEENA v. STATE OF UTTARAKHAND

WPCRL/474/2021 · 2025-03-26

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.474 of 2021 Hon’ble Pankaj Purohit, J. Mr. B.M. Pingal, Advocate for the petitioner. 2. Mr. B.C. Joshi, A.G.A. with Ms. S.B. Dobhal B.H. for the State. 3. Mr. R.P. Nautiyal, learned Senior Advocate assisted by Mr. Pavan Kumar Nath, Advocate for the respondent nos.7 & 8. 4. Ms. Suraiya Naaz, Advocate holding brief of Mr. Lalit Sharma, Advocate for respondent nos.10 & 11. 5. Learned State counsel made a statement before this Court that after investigation final report has been submitted by the Police on 22.01.2023, therefore, nothing remains to be decided in the present writ petition. 6. Learned counsel for the petitioner submitted that the petition still survives for the relief nos.2, 3, 4 and 5 – regarding payment of compensation to the victim/petitioner. 7. Learned State counsel informed this Court that earlier on 11.01.2021 a final report was submitted, but after reinvestigation another final report has been submitted on 22.01.2023 and it is also directed that the proceedings under Section 182 of IPC be initiated against the victim. 8. I have perused the final report submitted by the investigating agency. In the final report, it has been mentioned that the proceedings were launched by the victim in order to exert pressure upon his family members. 9. As per the learned Senior Advocate-Mr. R.P. Nauityal, the injuries appears to be caused accidentally to the victim, as per his statement which is enclosed as annexure no.2 to the counter affidavit filed by respondent nos.7 and 8. 10. In view of the facts and circumstances of the case, the prayer as stated by learned counsel for the petitioner cannot sustain until and unless the final report is rejected by the court of competent jurisdiction. 2 11. Accordingly writ petition is dismissed. 12. It is open to the petitioner-victim to challenge the final report before the court of competent jurisdiction as per law. It is also made clear that he may claim compensation from the State once his protest petition is allowed rejecting the final report and the prosecution launched by the petitioner/victim succeeds. (Pankaj Purohit, J.) 26.03.2025 SK