Uttarakhand High Court
Shiv Kush Saxena vs State Of Uttarakhand And Another on 11 October, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Misc. Application No.1756 of 2022
Shiv Kush Saxena .....Applicant
Vs.
State of Uttarakhand and another .....Respondents
Present:- Mr. Harshvardhan Dhanik, Advocate for the applicant.
Mr. T.C. Agarwal, Deputy Advocate General with Mrs. Mamta
Joshi, Brief Holder, for the State of Uttarakhand.
Hon'ble Sharad Kumar Sharma, J (Oral)
Though there are various contentions,
which had been raised by the learned counsel for the
applicant, that the proceedings instituted by way of
the FIR No.392 of 2021, which was got registered on
26.07.2021, in fact happens to be a counter blast to
the FIR which was registered by the present
applicant, being FIR No.489 of 2020, dated
25.09.2020, which was registered by the wife of the
present applicant.
2. There happens to be a subsequent FIR
being FIR No.582 of 2020, which was filed by the
respondent no.2, for the alleged involvement of the
present applicant in commission of the offences,
under sections 354, 504 and 506 of IPC. As against
the said FIR apprehending of their arrest, the present
applicant had preferred a Writ Petition No.2039 of
2020, in which the coordinate Bench of this Court
has granted an interim protection, that no coercive
action would be taken against the applicant by an
order dated 05.12.2020. The consequential affect is
that the criminal proceedings emanating from FIR
No.489 of 2020, filed by the applicant an FIR No.582
of 2020, filed by the respondent no.2, and the third
FIR No.392 of 2021, dated 26.07.2021, which is
alleged to be a counter blast, without any cogent set
of allegations leveled against the present applicant,
and that too for the offences under sections 504 and
506 of IPC, the applicant is apprehending an arrest.
3. This Court is of the view that since the inter
se dispute between the parties to the 482 Application
is emanating from an act of the burning of the
chemicals, which the respondent contend, that it is
affecting their children, as it was polluting the
environment. In that eventuality, and particularly,
from the judicious view point, all proceedings should
be decided together, so that the matter may be
resolved for all times to come, as they involved
common facts.
4. In that eventuality, and even otherwise
also where the applicant has put a challenge to the
Charge Sheet No.466 of 2021, dated 25.09.2021, and
the cognizance order dated 20.12.2021, as rendered
in Criminal Case no.6211 of 2021, "State Vs. Shiv
Kush Saxena", is presently pending consideration
before the court of ACJM, Haldwani, District Nainital
where the applicant has been summoned to be tried
for the offences under sections 506 and 504 of IPC.
5. In all fitness of things, this Court is of the
view that the nature of the offences on which the
cognizance has been taken which was emanating
from the FIR No.392 of 2021, dated 26.07.2021, since
being the offences under sections 504 and 506 of the
IPC, they would stand covered by the ratio laid down
by the Hon'ble Apex Court in the judgment reported
in 2021 (Volume 10), SCC 773 "Satendra Kumar Antil
Vs. Centre Bureau of Investigation", and the offences
for which the cognizance has been taken, would be
fall to be within the A Category of the offences as
covered by the aforesaid judgment of the Satendra
Kumar Antil (Supra) case, and the applicant's
recourse would still be left open under paragraph
no.3 sub-clause (e) for the redressal of his grievances.
6. Even, this entire controversy has to be
considered by the court while exercising its inherent
powers under 482 of CrPC, that the inter se litigation
between the parties emanating from the three FIRs as
detailed above are interrelated with one another.
7. In that eventuality, it will be in the interest
of the parties to the proceedings, that all these cases
may be decided together by the court, so that the
inter se rift between them may be brought to its
logical end, for all times to come.
8. In that view of the matter, this 482
Application is being disposed of leaving it open for the
applicant to present himself before the court of
Additional Chief Judicial Magistrate, Haldwani,
District Nainital, and resort to his recourses, as per
paragraph no.3, of the Satendra Kumar Antil' (Supra)
judgment. However, it is hereby directed, that the
court of Additional Chief Judicial Magistrate,
Haldwani, District Nainital, would make all efforts to
decide the proceedings emanating from the (1) FIR
No.489 of 2020, dated 25.09.2020, filed by the wife of
the applicant, (2) FIR No.582 of 2020, filed by the
respondent no.2 (3) FIR No.392 of 2021, dated
26.07.2021, filed by the respondent as against the
present applicant. The proceedings emanating from it
may be decided together.
9. Subject to the aforesaid observations, the
present 482 Application would stands disposed of.
(Sharad Kumar Sharma, J.)
11.10.2022
NR/
