HIGH COURT OF UTTARAKHAND AT NAINITAL

SCRUTINY REPORT
1. Filed on -----------------------------------------------------------------
2. Case No.------------------------3. CNR umber-----------------------
4. Court Fees Paid and if sufficient-------------------------------------
5. If No, Deficiency of.---------------------------------------------------
6. Limitation Began on--------------------Expired on-----------------
7. If barred by Limitation, there is delay of--------------------days
8. If Delay Condonation Application is filed-------------------------
9. If any Caveat has been filed------------------If Yes by -----------
10. Caveator served/not served
11. Notice served on Opposite Party on -------------------------------
12. This is
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13. Defects, if any-
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14. Remarks, if any-------------------------------------------------------
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A.R.O./R.O./S.O. S.O./A.R.(Stamp Reporting)

S.O./A.R.(Defects Scrutiny) D.R.(Institution)
 HIGH COURT OF UTTARAKHAND AT NAINITAL
PRESENTATION FORM
1. Case Category------------------------------------------------
2. District
3. Titled as
4. Name of Advocate(s) with Bar Council Registration
Numbers, Contact Numbers, e-mail addresses etc.
Lalit Sharma , Advocate,
Bar Council Registration Numbers---------
Contact Number, 9412086102
Email: advlalitsharma@yahoo.co.in

Naveen Singh Bisht , Advocate,

Bar Council Registration Numbers---------
Contact Number 8126320630
Email :naveenbisht05@gmail.com
Azmeen Advocate
Bar Council Registration Numbers---------
Contact Number 9897162700
Email : aazmeensheikh@gmal.com
5. Petitioner/Appellant/Applicant etc.-----------------
6. Copies served on whom.------------------------------
7. Mode of service.---------------------------------------
8. Date of the service.-----------------------------------
9. Any other information.------------------------------
Date:
Place: Nainital

(LALIT SHARMA )

(AZMEEN) & (NAVEEN SINGH BISHT)

Advocates
Counsels for the Petitioners
Dated 2022
 IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL
INDEX
IN
CRIMINAL WRIT PETITION NO. ________ OF 2022
(Under Article 226 of the Constitution of India)
DISTRICT: UDHAM SINGH NAGAR
Deepak Goswami aged about 29 years (male) and another
-----------------Petitioners
VERSUS
State of Uttarakhand through Secretary Home, Dehradun and others.
------------------Respondents
S.N. Description of Paper Page No. Date of Court Part
Filing Fees A/B
Paid
1. Scrutiny Report A -
2. Presentation Form B -
3. Index C-1 to C-2
4. Court paid
5. Date and events of the case
6. Criminal Writ petition
7. Affidavit in support of
criminal writ petition
8. Annexure No. 1 Photostat
as well as a true typed copy
of the complaints dated
19.8.2021 made by the
petitioner no. 1 to the
police of police station
Rampura Rudrapur
9. Annexure No. 2 Photostat
as well as a true typed copy
of the complaint dated
23.8.2021 made by the
petitioner no.1 Tehsildar
Rudrapur
10. Annexure No. 3 Photostat
as well as a true typed copy
of application/undertaking
dated 4.10.2021 submitted
by Abrar Ahmad
11. Annexure No. 4 A
Photostat as well as a true
typed copy of the first
information report dated
28.11.2021 lodged by the
petitioner no. 2
12. Annexure No. 5 The
Photostat a s well as true
typed copies of the report
dated 28.12.2021 ,
complaint dated
28.12.2021 , letter dated
29.12.2021 & complaint to
SSP Udham Singh Nagar
dated 29.12.2021
13. Annexure No. 6 A
Photostat copy of the list
of criminal cases
registered against the
accused respondent No. 3
14. Annexure No. 7 The
Photostat as well as true
typed copy of the FIR
dated 23-12-2021
15. Annexure No. 8 A
Photostat copy of the
report submitted by the
petitioner
16. Annexure No. 9 A
Photostat copy of the order
dated 7-1-2022 passed
by this Hon’ble court
17. Annexure No. 10 A
Photostat as well as a true
typed copy of the First
information report dated 9-
1-2022
18. Annexure No. 11 The
Photostat copy as well as
true typed copy of the
reply submitted by the
 petitioner No. 1 before the
Ayukt Nagar Nigam
Rudrapur on dated 12-1-
2022
19. Annexure No. 12 The
Photostat copy of the
alleged complaint dated
22-12-2021 made by
respondent no. 3
20. Criminal stay application
21. Affidavit in support of
Criminal stay application
22. Vakalatnama
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Entries from Serial No. 1 to Serial No.10 have been filled by me.

(LALIT SHARMA )

(AZMEEN) & (NAVEEN SINGH BISHT)

Advocates
Counsels for the Petitioners
Dated 2022
 IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL
DATE AND EVENTS
IN
CRIMINAL WRIT PETITION NO. ________ OF 2022
(Under Article 226 of the Constitution of India)
DISTRICT: UDHAM SINGH NAGAR

Deepak Goswami aged about 29 years (male) and another.

-----------------Petitioners
VERSUS
State of Uttarakhand through Secretary Home, Dehradun and others.
------------------Respondents

Date Event
The Petitioners are law abiding citizen having no criminal
history behind them. The petitioner No. 1 is presently
Posted as Executive Officer Class -1 Nagar Palika
Parishad Pithoragarh and the petitioner No. 2 is posted
Cartographer at Nagar Nigam Rudrapur District Udham
Singh Nagar.

There is political rivalry in two group in Mohalla

Pahadganj Rudrapur District Udham Singh Nagar and one
group is leaded by Auyub Ansari (Respondent no. 3) the
Vice President of Minority Cell of B.J.P. the Ruling party
in the State and another group is leaded by Mr. Abrar
Ahmad the active member and local leader of the Congress
party. It is further submitted here Pahadganj situated on
Nazul land, therefore the groups used to make complaint
against each other regarding the encroachment.

There were many complainants regarding unauthorized

encroachment on Nazul Land situated within the local
limits of Nagar Nigam Rudrapur were made to the Nagar
Nigam Office. The petitioners being Sahayak Nagar
Ayukt & Cartographer in Nagar Nigam Rudrapur have
resolved the oral complaints regarding unauthorized
occupation on Nazul Land time to time and also initiated
 the proceedings of dispossession of unauthorized
occupant from the Nazul land situated within the local
limits of Nagar Nigam and the petitioners as well as the
team organized has faced many problems of misbehaving
with them by the encroacher as well as anti social
elements.

19.8.2021 On the counter complaints made by the members of

aforesaid rival groups against each other the petitioners
along with the duly constituted team of the official of
Nagar Nigam have reached at spot and got stopped the
unauthorized construction on 19.8.2021 and confiscated
the equipments of construction of both the parties.

The petitioner no. 1 made a complaint to the police of

police station Rampura Rudrapur on 19.8.2021 and
Tehsildar Rudrapur on 23.8.2021.

4.10.2021 The above named Abrar Ahmnad also made an application

/undertaking dated 4.10.2021 to the effect that he will not
raise any construction in future.

22.11.2021A complaint was made by Abrar Ahmad regarding

unauthorized and illegal construction raised by one
Mohabbay Ali a close persons of respondent no. 3

24.11.2021 The petitioners along with other member of team reached

at spot on 24.11.2021 for removing the encroachment a
marpeet was took place at spot between the aforesaid two
groups in which one PRD person of Nagar Nigam namely
Sri Roop Basant sustained injury on his head. A first
information report was lodged by the petitioner no. 2 in
respect of the aforesaid incident at police station Rudrapur
against the members of both the groups including the
respondent no. 3 of the present case which was registered
on 28.11.2021 as F.I.R, No, 0678 of 2021 Under Section
147, 323, 353 I.P.C

22.12.2021 Mohabbay Ali the close person of the respondent no. 3

approached to this Hon’ble court and filed a Writ petition
by concealing the material fact obtained of his
unauthorized and illegal act of encroachment of Nazul land
 and raising construction thereon and obtained an order
dated 22.12.2021 from this Hon’ble court whereby this
Hon’ble court was pleased to direct the Nagar Nigam to
decide the representation of the above named Mohabbay
Ali.

27.12.2021 Mohabbay Ali made a representation 27.12.2021 and

thereafter the applicant made an spot inspection and made
video clipping of spot and also demanded the evidence
from Mohabbay Ali regarding the damages caused to his
house but he failed to do so. It is also submitted here that at
the time of aforesaid inspection the respondent no. 3 also
tried to mount a political pressure upon the petitioners by
extending threats to implicate the petitioners in false
criminal case.

28.12.2021 The petitioner no. 1 submitted a report dated 28.12.2021

before the Ayukta Nagar Nigam Rudrapur and also sent a
complaint dated 28.12.2021 to the In charge Inspector
Police Station Rudrapur. It is also submitted here that the
petitioner no. 1 also wrote a letter to above named
Mohabbay Ali dated 29.12.2021 and further made a
complaint before the S.S.P.Udham Singh Nagar regarding
the threats expended by the respondent no. 3.

The aforesaid incidents were taken place during the

course of removing the unauthorized encroachment by the
respondent No. 3 and Mohabbay Ali as the aforesaid
persons are trying to deter the petitioners and other
officials from discharging their legal duties .

The respondent No. 3 is a habitual criminal and indulge in

criminal activities in Uttarakhand as well as Uttar Pradesh
and there are many criminal cases are registered against
the respondent No. 3 and his family members and his
father as well as Mohabbay Ali. The deponent bring on
record the list of criminal cases registered against the
respondent no. 3 .

9-12-2021 As the Police of Police Station Rudrapur is well known

that the accused respondent no. 3 is a habitual criminal
and involved in many offences of loot, attempt to
 murder, extortion, kidnapping for murder and other
offences therefore he in a very clandestine manner has
made a alleged complaint to the police of police station
Rudrapur by post but the copy of the said complaint was
never sent to the police rather the same was sent to the
higher authorities and thereafter on the basis of the said
complaints he immediately approached before this
Hon’ble court and without impleading the petitioners as
a party filed a writ petition No. 2260 of 2022 Ayub
Ansari Vs. State of Uttarakhand and obtained and ex-
parte order of this Hon’ble court.

23-12-202 On the basis of the order of this Hon’ble court dated 9-12-
2021 a first information report dated 23-12-2021 was
registered against the petitioner No. 2 under section 385
IPC at Police Station Rudrapur District Udham Singh
Nagar with false allegations.

After registration of the aforesaid first information report

an inquiry was conducted by the petitioner No. 1 being
Sahayak Nagar Ayukt Nagar Nigam Rudrapur.

7-1-2022 When the petitioner No. 1 submitted his report in respect

of the aforesaid inquiry report the respondent No. 3 again
adopted the same trick and filed a criminal writ petition
No. 32 of 2022 Ayub Ansari Vs. Stated of Uttarakhand
and obtained by concealing the material facts an order
dated 7-1-2022 with a directions to station house officer
police station Kotwali Rudrapur District Udham Singh
Nagar to registered a cognizable criminal case on the FIR
submitted by the petitioner and take up the investigation
strictly in accordance with law.

9-1-2022 Now in compliance of the order dated 7-1-2022 the first

information report No. 0013 of 2022 Under Section 323,
506, 364 IPC has been registered against the petitioners
with false and frivolous allegations that in order to get
withdrawn the FIR lodged by respondent No. 3 against
the petitioner No. 2 the petitioners got boarded the
respondent No. 3 in their car and brought him to Haldwani
and they gave beating to the respondent No. 3 and
extended threats that in case he is not withdraw the FIR
 against the respondent No. 3 they will kill him and
thereafter the petitioner also told that they left their
mobiles at Nagar Nigam Rudrapur and the police will not
suspect them and also extended threats to implicate the
respondent under section 353, 323 IPC.

The petitioners are innocent and have not committed any

offence. The allegations made in the first information
report are false and frivolous and made only in order to
pressurized the petitioner as well as the other employee
and officers Nagar Nigam to with hold the demolition
proceeding initiated against the encroacher who are none
else but the close persons of the respondent no. 3. There is
no occasion to the petitioners to commit the alleged crime
as they are the employee of Nagar Nigam having no
grudge against the respondent No. 3 rather it is the
respondent No. 3 who by making false allegations
obtained orders of this Hon’ble court by playing fraud and
concealing the material fact behind the back of petitioners
and there is no opportunity was afforded to the petitioners
for bringing on the record the correct facts.

Now the police of police station Rudrapur is trying to

arrest the petitioners and in case the petitioners are
arrested in the present false case there is reasonable
apprehension that they may loose their services.
Hence the present writ petition

(LALIT SHARMA )

(AZMEEN) & (NAVEEN SINGH BISHT)

Advocates
Counsels for the Petitioners
Dated 2022
 IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL
COURT FEE
IN
CRIMINAL WRIT PETITION NO. ________ OF 2022
(Under Article 226 of the Constitution of India)
DISTRICT: UDHAM SINGH NAGAR

Deepak Goswami aged about 29 years (male) and another.

-----------------Petitioners
VERSUS
State of Uttarakhand through Secretary Home, Dehradun and others.
------------------Respondents
 IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL

CRIMINAL WRIT PETITION NO. ________ OF 2022

(Under Article 226 of the Constitution of India)
DISTRICT: UDHAM SINGH NAGAR

1. Deepak Goswami aged about 29 years (male) S/o Sri

Kedarnath Goswami Presently Posted as Executive Officer
Nagar Palika Parishad Pithoragarh.
2. Ram Singh aged about 59 years (male) S/o Sri Padam Singh
Presently Posted as Cartographer (Manchitrakar) Nagar Nigam
Rudrapur District Udham Singh Nagar.
-----------------Petitioners
VERSUS
1. State of Uttarakhand through Secretary Home, Dehradun
2. Station Officer, Police Station Rudrapur District Udham Singh
Nagar.
3. Sri Ayub Ansari S/o Sri Chhote Ansari R/o Ward No. 15
Pahadganj Rudrapur District Udham Singh Nagar.
------------------Respondents

F.I.R. No. 0013 of 2022

Under Section 323, 506, 364
IPC Police Station Rudrapur
District Udham Singh Nagar.

To,
The Hon’ble the Chief Justice and his other companion Judges of
the aforesaid Court.
The Humble petition of the above named Petitioner Most
Respectfully showeth as under:

1. That this is the first criminal writ petition on behalf of the

Petitioners seeking a writ order or direction in the nature of certiorari
quashing the impugned First Information Report dated 9-1-2022
registered as F.I.R. No. 0013 of 2022 Under Section 323, 506, 364
IPC Police Station Rudrapur District Udham Singh Nagar (Annexure
no. 10 to the writ petition). The Petitioners have not filed any other
writ petition for the same and ancillary relief.

2. That the Petitioners are law abiding citizen having no criminal

history behind them. The petitioner No. 1 is presently Posted as
Executive Officer Class -1 Nagar Palika Parishad Pithoragarh and the
petitioner No. 2 is posted Cartographer at Nagar Nigam Rudrapur
District Udham Singh Nagar. It is submitted here that earlier since 16
-3-2020 to 2-1-2022 the petitioner No.1 was posted as Sahayak
Nagar Ayukt Nagar Nigam Rudrapur.

3. That there is political rivalry in two group in Mohalla Pahadganj

Rudrapur District Udham Singh Nagar and one group is leaded by
Auyub Ansari (Respondent no. 3) the Vice President of Minority Cell
of B.J.P. the Ruling party in the State and another group is leaded by
Mr. Abrar Ahmad the active member and local leader of the Congress
party. It is further submitted here Pahadganj situated on Nazul land,
therefore the groups used to make complaint against each other
regarding the encroachment. It is relevant to stated here that there were
many complainants regarding unauthorized encroachment on Nazul
Land situated within the local limits of Nagar Nigam Rudrapur were
made to the Nagar Nigam Office. The petitioners being Sahayak
Nagar Ayukt & Cartographer in Nagar Nigam Rudrapur have resolved
the oral complaints regarding unauthorized occupation on Nazul Land
time to time and also initiated the proceedings of dispossession of
unauthorized occupant from the Nazul land situated within the local
limits of Nagar Nigam and the petitioners as well as the team
organized has faced many problems of misbehaving with them by
the encroacher as well as anti social elements.

4. That it is stated here that it is stated here that on the counter

complaints made by the members of aforesaid rival groups against
each other the petitioners along with the duly constituted team of the
official of Nagar Nigam have reached at spot and got stopped the
unauthorized construction on 19.8.2021 and confiscated the
equipments of construction of both the parties. The petitioner no. 1
made a complaint to the police of police station Rampura Rudrapur on
19.8.2021 and Tehsildar Rudrapur on 23.8.2021. It is also stated here
that the above named Abrar Ahmnad also made an application
/undertaking dated 4.10.2021 to the effect that he will not raise any
construction in future. A Photostat copies as well as true typed copies
of the complaints dated 19.8.2021 and 23.8.2021 made by the
petitioner no. 1 to the police of police station Rampura Rudrapur and
Tehsildar Rudrapur and application/undertaking dated 4.10.2021
submitted by Abrar Ahmad are being filed herewith and are marked as
Annexure No. 1, 2 & 3 to this writ petition.

5. That on 22.11.2021 a complaint was made by Abrar Ahmad

regarding unauthorized and illegal construction raised by one
Mohabbay Ali a close persons of respondent no. 3 therefore the
petitioners along with other member of team reached at spot on
24.11.2021 for removing the encroachment a marpeet was took place
at spot between the aforesaid two groups in which one PRD person of
Nagar Nigam namely Sri Roop Basant sustained injury on his head. A
first information report was lodged by the petitioner no. 2 in respect of
the aforesaid incident at police station Rudrapur against the members
of both the groups including the respondent no. 3 of the present case
which was registered on 28.11.2021 as F.I.R, No, 0678 of 2021 Under
Section 147, 323, 353 I.P.C A Photostat as well as a true typed copy of
the first information report dated 28.11.2021 lodged by the petitioner
no. 2 is being filed herewith and is marked as Annexure No.4 to this
writ petition.

6. That thereafter the above named Mohabbay Ali the close person
of the respondent no. 3 approached to this Hon’ble court and filed a
Writ petition by concealing the material fact obtained of his
unauthorized and illegal act of encroachment of Nazul land and raising
construction thereon and obtained an order dated 22.12.2021 from this
Hon’ble court whereby this Hon’ble court was pleased to direct the
Nagar Nigam to decide the representation of the above named
Mohabbay Ali. It is submitted here that thereafter the above named
Mohabbay Ali made a representation 27.12.2021 and thereafter the
applicant made an spot inspection and made video clipping of spot and
also demanded the evidence from Mohabbay Ali regarding the
damages caused to his house but he failed to do so. It is also submitted
here that at the time of aforesaid inspection the respondent no. 3 also
tried to mount a political pressure upon the petitioners by extending
threats to implicate the petitioners in false criminal case. The
petitioner no. 1 submitted a report dated 28.12.2021 before the Ayukta
Nagar Nigam Rudrapur and also sent a complaint dated 28.12.2021 to
the In charge Inspector Police Station Rudrapur. It is also submitted
here that the petitioner no. 1 also wrote a letter to above named
Mohabbay Ali dated 29.12.2021 and further made a complaint before
the S.S.P.Udham Singh Nagar regarding the threats expended by the
respondent no. 3. The Photostat copies of the a report dated 28.12.2021
submitted by petitioner no.1 before the Ayukta Nagar Nigam
Rudrapur, complaint dated 28.12.2021 sent to in-charge Inspector
Police Station Rudrapur, letter to Mohabbay Ali dated 29.12.2021 and
complaint dated 29.12.2021 submitted before the S.S.P. Udham Singh
Nagar by Ayukta regarding the threats expended by respondent no. 3
for dragging the petitioners in false criminal cases are being filed
herewith and are marked as Annexure No. 5 to this writ petition.

7. That it is submitted here that the aforesaid incidents were taken

place during the course of removing the unauthorized encroachment
by the respondent No. 3 and Mohabbay Ali as the aforesaid persons
are trying to deter the petitioners and other officials from discharging
their legal duties .

8. That it is relevant stated here that the respondent No. 3 is a

habitual criminal and indulge in criminal activities in Uttarakhand as
well as Uttar Pradesh and there are many criminal cases are registered
against the respondent No. 3 and his family members and his father as
well as Mohabbay Ali. The deponent bring on record the list of
criminal cases registered against the respondent no. 3. A Photostat
copy of the list of criminal cases registered against the accused
respondent No. 3 is being filed herewith and is marked as Annexure
No. 6 to this writ petition.
9. That as the Police of Police Station Rudrapur is well known that
the accused respondent no. 3 is a habitual criminal and involved in
many offences of loot, attempt to murder, extortion, kidnapping for
murder and other offences therefore he in a very clandestine manner
has made a alleged complaint to the police of police station Rudrapur
by post but the copy of the said complaint was never sent to the police
rather the same was sent to the higher authorities and thereafter on
the basis of the said complaints he immediately approached before
this Hon’ble court and without impleading the petitioners as a party
filed a writ petition No. 2260 of 2022 Ayub Ansari Vs. State of
Uttarakhand and obtained and ex-parte order of this Hon’ble court
seeking a direction to decide the representation of the respondent No.
3 (petitioner in the said writ petition) in the light of section 153, 154
(3) of Cr.P.C 1973. On the basis of the order of this Hon’ble court
dated 9-12-2021 a first information report dated 23-12-2021 was
registered against the petitioner No. 2 under section 385 IPC at
Police Station Rudrapur District Udham Singh Nagar with false
allegations made therein that the Mohabbay Ali told to the
respondent No. 3 that he build a Pakka house and is paying the
house tax but the said house has been demolish due to fled and the
petitioner No. 2 is calling him. In the said FIR it was also alleged that
the respondent No. 3 also reached at Nagar Nigam Office where the
elder brother of respondent No. 3 namely Mahboob Ali was sitting
with the petitioner No. 2 and the petitioner No. 2 said to have disclosed
that Abrar Ahmad has made a complaint against Mohabbay Ali and
in case Mohabbay Ali want to save his house he had to pay Rs.
50,000/- to him as gratification for completion the repairing work of
the house. It is also alleged that the respondent No. 3 and others
refuse to pay Rs. 50,000/- therefore the petitioner No. 2 said to have
pushed out them from his office and extended threats that in case they
disclosed the said demand of extortion to anyone he will lodged FIR
against them. The Photostat as well as true typed copy of the FIR
dated 23-12-2021 is being filed herewith and is marked as Annexure
No. 7 to this writ petition.

10. That it is relevant to stated here that after registration of the

aforesaid first information report an inquiry was conducted by the
petitioner No. 1 being Sahayak Nagar Ayukt Nagar Nigam Rudrapur.
A Photostat copy of the report submitted by the petitioner are being
filed herewith and are marked as Annexure No. 8 to this writ petition.

11. That it is submitted here that when the petitioner No. 1 submitted
his report in respect of the aforesaid inquiry report the respondent No.
3 again adopted the same trick and filed a criminal writ petition No.
32 of 2022 Ayub Ansari Vs. Stated of Uttarakhand and obtained by
concealing the material facts an order dated 7-1-2022 with a directions
to station house officer police station Kotwali Rudrapur District
Udham Singh Nagar to registered a cognizable criminal case on the
FIR submitted by the petitioner and take up the investigation strictly
in accordance with law. A Photostat copy of the order dated 7-1-2022
passed by this Hon’ble court is being filed herewith and is marked as
Annexure No. 9 to this writ petition.

12. That now in compliance of the order dated 7-1-2022 the first
information report No. 0013 of 2022 Under Section 323, 506, 364
IPC has been registered against the petitioners with false and
frivolous allegations that in order to get withdrawn the FIR lodged by
respondent No. 3 against the petitioner No. 2 the petitioners got
boarded the respondent No. 3 in their car and brought him to
Haldwani and they gave beating to the respondent No. 3 and
extended threats that in case he is not withdraw the FIR against the
respondent No. 3 they will kill him and thereafter the petitioner also
told that they left their mobiles at Nagar Nigam Rudrapur and the
police will not suspect them and also extended threats to implicate the
respondent under section 353, 323 IPC. A Photostat as well as a true
typed copy of the First information report dated 9-1-2022 is being filed
herewith and is marked as Annexure No. 10 to this writ petition.

13. That the petitioners are innocent and have not committed any
offence. The allegations made in the first information report are false
and frivolous and made only in order to pressurized the petitioner as
well as the other employee and officers Nagar Nigam to with hold the
demolition proceeding initiated against the encroacher who are none
else but the close persons of the respondent no. 3. There is no occasion
to the petitioners to commit the alleged crime as they are the employee
of Nagar Nigam having no grudge against the respondent No. 3
rather it is the respondent No. 3 who by making false allegations
obtained orders of this Hon’ble court by playing fraud and concealing
the material fact behind the back of petitioners and there is no
opportunity was afforded to the petitioners for bringing on the record
the correct facts.

14. That the allegations of kidnapping the respondent No. 3 by the

petitioners is absolutely false and frivolous. It is submitted here that
on the date of alleged incident the petitioners remain present at Nagar
Nigam office and local limits of Nagar Nigam Rudrapur and
dispose of many pending works. The petitioner No.1 made several
call conversation to the higher officials or District administrations the
call details itself show that the petitioner remain present since
morning at 8:17 AM to 5:38 PM. The Photostat copy as well as
true typed copy of the reply submitted by the petitioner No. 1 before
the Ayukt Nagar Nigam Rudrapur on dated 12-1-2022 is being filed
herewith and is marked as Annexure No. 11 to this writ petition.

15. That the aforesaid facts clearly establish that the impugned first
information report has been lodged against the petitioner only to deter
them from discharging their official duties by the respondent No. 3
who himself is a hard an criminal as is evident from the list of the
criminal cases pending against him.

16. That it is submitted here that the allegations made in the alleged
complaints clearly shows that the allegations made against the
petitioners who are the official of Nagar Nigam and the dispute relates
to the Nazul land but to the utter surprise of the petitioners neither
they were made in the writ petition nor the State who was impleaded as
party in the writ petition and represented by State counsel for the
reason best known to it the State has not pointed out this fact before
this Hon’ble court at the time of hearing of the writ petitions filed by
the respondent no. 3 consequently now the petitioners have been
victimized by the respondent no.3 in false criminal cases.
17. That now the police of police station Rudrapur is trying to arrest
the petitioners and in case the petitioners are arrested in the present
false case there is reasonable apprehension that they may loose their
services.

18. That the impugned first information report is illegal and

improper and on the basis of the material on record no offence
punishable under section 323, 506, 364 IPC is made out against the
petitioners therefore the first information report is liable to be quashed
by this Hon’ble court.

19. That the impugned first information report has been lodged after
obtaining the order by playing a fraud upon this Hon’ble court without
impleading the petitioners as a party in the writ petition and even the
application / complaint shown to be sent to the police station Rudrapur
was not in fact sent to police station Rudrapur but the postal receipt
pasted with the said annexure has been addressed to the Inspector
General of Police. The Photostat copy of the alleged complaint dated
22-12-2021 made by respondent no. 3 is being filed herewith and is
marked as Annexure No. 12 to this writ petition.

20. That the impugned first information report has been lodged by
the respondent No. 3 after obtaining the ex-parte order of this
Hon’ble court shows that the respondent No. 3 who himself is a
habitual criminal and indulge in committing the offences of serious
nature and now he is taking the advantage of his being a local leader
of Ruling party in the State is gaining undue benefits by helping the
encroachers and by implicating the officials of Nagar Nigam in false
criminal cases so they may be deter them from discharging public
duties.

21. That the impugned first information report is a result of counter

blast to the eviction and demolitions proceedings initiated by the
Nagar Nigam under the supervision of the petitioners and also counter
blast to the complaints and first information report lodged by the
petitioners against the respondent No. 3 and his associates.

22. That it is a settled principle of law laid down by Hon’ble Apex

Court that the disclosure of cognizable offence in F.I.R. or complaint,
arrest of accused is not ‘must’ and the use of word ‘may’ in Section 41
of Cr.P.C. cannot be interpret as ‘must’ or ‘shall’.

23. That there are no ingredients that the petitioners have kidnapped
the respondent no. 3 in order to murder therefore no offence
punishable under section 364 I.P.C. is made out against the petitioners
and the rest of the section mentioned in the first information report are
punishable with a sentenced less then 7 years therefore in view of the
settled principle of Hon’ble apex court in the matter of Arnesh Kumar
Vs. State of Vihar the arrest of the petitioners is illegal and improper.

24. That until unless credible material evidence is collected by the

I.O. against the Petitioner as to justify their arrest the I.O. has no right
to curtail the liberty of the Petitioners guaranteed under constitution of
India by arresting the Petitioners in a totally false case against them.
25. That the impugned first information report has been lodged with
a malafide and oblique intention by the respondent no. 3 by obtaining
an order of this Hon’ble court by practicing a fraud upon this Hon’ble
court and the impugned first information report does not lay down any
foundation for a lawful investigation and valid prosecution of the
Petitioner. Therefore, the same is liable to be quashed.

26. That as a matter of fact the were not even prima facie constitute
an offence punishable under Section 323, 506, 364 of I.P.C. against
the petitioners.

27. That the petitioners are employee of the Nagar Nigam Rudrapur
and have no intention or motive to commit the alleged offence rather it
is the respondent no.3 who has a motive to falsely implicate the
petitioners in false criminal cases.

28. That the petitioners are public servants and in case they are
arrested by the police in the aforesaid false criminal cases the
petitioners may loose their services. \;

29. That the Petitioners under take before this Hon’ble Court if this
Hon’ble Court pleased to stay the arrest of the Petitioners they will
fully cooperate with the investigated agency.
30. That Petitioner have no other alternative remedy except to invoke
extraordinary jurisdiction of this Hon’ble Court under Article 226 of
the Constitution of India inter alia on the following amongst others.

GROUNDS
A. Because the petitioners are innocent and have not committed any
offence. The allegations made in the first information report are false
and frivolous and made only in order to pressurized the petitioner as
well as the other employee and officers Nagar Nigam to with hold the
demolition proceeding initiated against the encroacher who are none
else but the close persons of the respondent no. 3. There is no occasion
to the petitioners to commit the alleged crime as they are the employee
of Nagar Nigam having no grudge against the respondent No. 3
rather it is the respondent No. 3 who by making false allegations
obtained orders of this Hon’ble court by playing fraud and concealing
the material fact behind the back of petitioners and there is no
opportunity was afforded to the petitioners for bringing on the record
the correct facts.

B. Because the allegations of kidnapping the respondent No. 3 by

the petitioners is absolutely false and frivolous. It is submitted here
that on the date of alleged incident the petitioners remain present at
Nagar Nigam office and local limits of Nagar Nigam Rudrapur and
dispose of many pending works. The petitioner No.1 made several
call conversation to the higher officials or District administrations the
call details itself show that the petitioner remain present since
morning at 8:17 AM to 5:38 PM.
C. Because the impugned first information report has been lodged
against the petitioner only to deter them from discharging their
official duties by the respondent No. 3 who himself is a hard an
criminal as is evident from the list of the criminal cases pending
against him.

D. Because the allegations made in the alleged complaints clearly

shows that the allegations made against the petitioners who are the
official of Nagvar Nigad and he dispute relates to the Nazul land but to
the utter surprise of the petitioners neither they were made in the writ
petition nor the State who was impleaded as party in the writ petition
and represented by State counsel for the reason best known to State
has pointed out this fact before this Hon’ble court at the time of
hearing of the writ petitions filed by the respondent no. 3 consequently
now the petitioners have been victimized by the respondent no.3 in
false criminal cases.

E. Because now the police of police station Rudrapur is trying to

arrest the petitioners.

F. Because the impugned first information report is illegal and

improper and on the basis of the material on record no offence
punishable under section 323, 506, 364 IPC is made out against the
petitioners therefore the first information report is liable to be quashed
by this Hon’ble court.

G. Because the impugned first information report has been lodged

after obtaining the order by playing a fraud upon this Hon’ble court
without impleading the petitioners as a party in the writ petition and
even the application / complaint shown to be sent to the police station
Rudrapur was not in fact sent to police station Rudrapur but the postal
receipt pasted with the said annexure has been addressed to the
Inspector General of Police.

H. Because the impugned first information report has been lodged

by the respondent No. 3 after obtaining the ex-parte order of this
Hon’ble court shows that the respondent No. 3 who himself is a
habitual criminal and indulge in committing the offences of serious
nature and now he is taking the advantage of his being a local leader
of Ruling party in the State is gaining undue benefits by helping the
encroachers and by implicating the officials of Nagar Nigam in false
criminal cases so they may be deter them from discharging public
duties.

I. Because the impugned first information report is a result of

counter blast to the eviction and demolitions proceedings initiated by
the Nagar Nigam under the supervision of the petitioners and also
counter blast to the complaints and first information report lodged by
the petitioners against the respondent No. 3 and his associates.

J. Because it is a settled principle of law laid down by Hon’ble

Apex Court that the disclosure of cognizable offence in F.I.R. or
complaint, arrest of accused is not ‘must’ and the use of word ‘may’ in
Section 41 of Cr.P.C. cannot be interpret as ‘must’ or ‘shall’.

K. Because there are no ingredients that the petitioners have

kidnapped the respondent no. 3 in order to murder therefore no
offence punishable under section 364 I.P.C. is made out against the
petitioners and the rest of the section mentioned in the first
information report are punishable with a sentenced less then 7 years
therefore in view of the settled principle of Hon’ble apex court in the
matter of Arnesh Kumar Vs. State of Vihar the arrest of the petitioner
is illegal and improper.

L. Because until unless credible material evidence is collected by

the I.O. against the Petitioner as to justify their arrest the I.O. has no
right to curtail the liberty of the Petitioner guaranteed under
constitution of India by arresting the Petitioners in a totally false case
against them.

M. Because the impugned first information report has been lodged

with a malafide and oblique intention by the respondent no. 3 by
obtaining an order of this Hon’ble court by practicing a fraud upon this
Hon’ble court and the impugned first information report does not lay
down any foundation for a lawful investigation and valid prosecution
of the Petitioner. Therefore, the same is liable to be quashed.

N. Because as a matter of fact the were not even prima facie

constitute an offence punishable under Section 323, 506, 364 of I.P.C.
against the petitioners.

O. Because the petitioners are employee of the Nagar Nigam

Rudrapur and have no intention or motive to commit the alleged
offence rather it is the respondent no.3 who has a motive to falsely
implicate the petitioners in false criminal cases.
P. Because the petitioners are public servants and in case they are
arrested by the police in the aforesaid false criminal cases the
petitioners may loose their services. The Petitioners under take before
this Hon’ble Court if this Hon’ble Court pleased to stay the arrest of
the Petitioners they will fully cooperate with the investigated agency

PRAYER

It is therefore, Most respectfully prayed that this Hon’ble court

may be pleased to allow this writ petition and to issue:

(i) a writ, order or direction in the nature of certiorari quashing the

impugned First Information Report dated 9-1-2022 registered as
F.I.R. No. 0013 of 2022 Under Section 323, 506, 364 IPC
Police Station Rudrapur District Udham Singh Nagar (Annexure
no. 10 to the writ petition).
(ii) a writ order or direction in the nature of mandamus commanding
the respondent no. 3 not to arrest and not to harass the Petitioner
F.I.R. No. 0013 of 2022 Under Section 323, 506, 364 IPC
Police Station Rudrapur District Udham Singh Nagar.
(iii) any other suitable writ, order or which this Hon’ble Court may
deem fit and proper.
(iv) award the cost of the petition to the Petitioner.

(LALIT SHARMA )

(AZMEEN) & (NAVEEN SINGH BISHT)

 Advocates
Counsels for the Petitioners
Dated 2022
 IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL
AFFIDAVIT
IN

CRIMINAL WRIT PETITION NO. ________ OF 2022

(Under Article 226 of the Constitution of India)
DISTRICT: UDHAM SINGH NAGAR

Deepak Goswami aged about 29 years (male) and another.

-----------------Petitioners
VERSUS
State of Uttarakhand through Secretary Home, Dehradun and others.
------------------Respondents

Affidavit of Sri Ram Singh

aged about 59 years (male)
S/o Sri Padam Singh
Presently Posted as
Cartographer (Manchitrakar)
Nagar Nigam Rudrapur
District Udham Singh Nagar.

(Deponent)
I, the deponent named above do hereby solemnly affirm and state
on oath as under:-

1. That the deponent is petitioner No. 2 and Pairokar of the

petitioner No. 1 in the aforesaid writ petition and as such he is fully
acquainted with the facts and circumstances of the case and is in a
position to depose as under:-
 I, the deponent above named do hereby declare that contents of
para no. 1 of this affidavit and those of paragraph Nos.
-------------------------------------------------------- of writ petition are true
to my personal knowledge and those of the contents of para no.
------------------------------------------------------------------ of writ petition
are based on perusal of records, and those of the para no.
----------------------------------------------------------------------- of writ
petition are based on legal advice, which all I verify and believe to be
true that no part of this affidavit is false and nothing material has been
concealed.

SO HELP ME GOD

LTI

DEPONENT

I, Azmeen Advocate High Court of Uttarakhand at Nainital do

hereby declare that the person making this affidavit and alleging
himself to be deponent, is known to me through the perusal of records.

Advocate
Reg. No.

Solemnly affirm before me on this -------- day of 2022 at

about ______/am/pm by the deponent, who has been identified by the
aforesaid Advocate.
I has satisfied myself by examining the deponent, who has
understood the contents of the affidavit, and which has been read over
and explained to him by me.
 OATH COMMISSONER
IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL
CRIMINAL MISC. STAY APPLICATION NO. OF 2022
IN
CRIMINAL WRIT PETITION NO. ________ OF 2022
(Under Article 226 of the Constitution of India)
DISTRICT: UDHAM SINGH NAGAR

1. Deepak Goswami aged about 29 years (male) S/o Sri

Kedarnath Goswami Presently Posted as Executive Officer
Nagar Palika Parishad Pithoragarh.
2. Ram Singh aged about 59 years (male) S/o Sri Padam Singh
Presently Posted as Cartographer (Manchitrakar) Nagar Nigam
Rudrapur District Udham Singh Nagar.

-----------------Petitioner
VERSUS
1. State of Uttarakhand through Secretary Home, Dehradun
2. Station Officer, Police Station Rudrapur District Udham Singh
Nagar.
3. Sri Ayub Ansari S/o Sri Chhote Ansari R/o Ward No. 15
Pahadganj Rudrapur District Udham Singh Nagar.
------------------Respondents
F.I.R. No. 0013 of 2022
Under Section 323, 506, 364
IPC Police Station Rudrapur
District Udham Singh Nagar
To,
The Hon'ble the Chief Justice and his other companion Judges of
the aforesaid court.
The humble application of the above named Petitioner Most
respectfully showeth as under:
1. That the writ petition aforesaid has been filed on behalf of the
petitioners seeking a writ order or direction in the nature of certiorari
quashing the impugned First Information Report dated 9-1-2022
registered as F.I.R. No. 0013 of 2022 Under Section 323, 506, 364
IPC Police Station Rudrapur District Udham Singh Nagar. The entire
facts and circumstances of the present case mentioned in the
accompanying writ petition which forms part of the present application
and the same are not being repeated for the sake of brevity.

2. That in the garb of the first information report the police is trying
to arrest the petitioners in the aforesaid criminal case. The petitioners
are public servants and in case they are arrested by the police in the
aforesaid false criminal cases the petitioners may loose their services
and the purpose of filing the writ petition will be frustrated.

3. That under these circumstances it is expedient in the interest of

justice that the arrest of the Petitioner in F.I.R. No. 0013 of 2022
Under Section 323, 506, 364 IPC Police Station Rudrapur District
Udham Singh Nagar may be stayed during the pendency of the writ
petition otherwise the Petitioner shall suffer irreparable loss and injury.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble court
may be pleased to allow this application and the arrest of the Petitioner
in F.I.R. No. 0013 of 2022 Under Section 323, 506, 364 IPC
Police Station Rudrapur District Udham Singh Nagar may be stayed
during the pendency of the writ petition before this Hon’ble Court.

(LALIT SHARMA )

(AZMEEN) & (NAVEEN SINGH BISHT)

Advocates
 Counsels for the Petitioner
Dated 2022
 IN THE HON’BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL
AFFIDAVIT
IN
CRIMINAL MISC. STAY APPLICATION NO. OF 2022
IN
CRIMINAL WRIT PETITION NO. ________ OF 2022
(Under Article 226 of the Constitution of India)
DISTRICT: UDHAM SINGH NAGAR
Deepak Goswami aged about 29 years (male) and another.
-----------------Petitioners
VERSUS
State of Uttarakhand through Secretary Home, Dehradun and others.
------------------Respondents

Affidavit of Sri Ram Singh

aged about 59 years (male)
S/o Sri Padam Singh
Presently Posted as
Cartographer (Manchitrakar)
Nagar Nigam Rudrapur
District Udham Singh Nagar.

(Deponent)

I, the deponent named above do hereby solemnly affirm and state

on oath as under:-

1. That the deponent is petitioner No. 2 and Pairokar of the

petitioner No. 1 in the aforesaid writ petition and as such he is fully
acquainted with the facts and circumstances of the case and is in a
position to depose as under:-

I, the deponent above named do hereby declare that contents of

para no. 1 of this affidavit and those of paragraph Nos.
----------------------------------- of the accompanying stay application are
true to my personal knowledge and those of the contents of para no.
---------------- of the accompanying stay application are based on
perusal of records, and those of the para no.
-------------------------------------------- of the accompanying stay
application are based on legal advice, which all I verify and believe to
be true that no part of this affidavit is false and nothing material has
been concealed.
SO HELP ME GOD

LTI
DEPONENT

I, Azmeen Advocate High Court of Uttarakhand at Nainital do

hereby declare that the person making this affidavit and alleging
himself to be deponent, is known to me through the perusal of records.

Advocate
Reg. No.

Solemnly affirm before me on this -------- day of 2022 at

about ______/am/pm by the deponent, who has been identified by the
aforesaid Advocate.
I has satisfied myself by examining the deponent, who has
understood the contents of the affidavit, which has been read over and
explained to him by me.

OATH COMMISSONER