Uttarakhand High Court
6 November vs State Of Uttarakhand And Others on 6 November, 2024
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
2024:UHC:8206
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc Application No. 39 of 2024
06 November, 2024
Siddharth Mohan Singhal --Petitioner
Versus
State Of Uttarakhand and others --Respondents
Presence:-
Mr. Vipul Sharma, Advocate for the petitioner.
Mr. G.S. Sandhu, learned Additional Advocate General along with
Mrs. Mamta Joshi, learned Brief Holder for the State.
Mr. Apoorv Chauhan, Advocate for respondent no.2.
Hon'ble Vivek Bharti Sharma, J.(Oral)
This C528 petition is filed by the petitioner
with a prayer for expeditious disposal of Criminal Case
No.266 of 2023, State of Uttarakhand Vs. Rahul
Chauhan and Others' under Sections 147, 323, 427, 440,
504 IPC, P.S. Jaspur, District - Udham Singh Nagar
within a period of six months in view of the judgment of
the Hon'ble Supreme Court in the case of Ashwini Kumar
Upadhyay Vs. Union of India reported in 2024 1 SCC Page
185 and conduct the trial on a day to day basis.
2. Brief facts of the case are that the petitioner
filed an F.I.R. No. 36 of 2022 under Section 147, 323,
427, 440, 504 I.P.C. at Police Station Jaspur, District
Udham Singh Nagar against the respondent nos. 2 to 10
2024:UHC:8206
and 15 other people alleging therein that the petitioner
received an information regarding illegal distribution of
money by workers of the Congress Party, then, the
petitioner along with few other persons reached the spot;
that, M.L.A. respondent no.4/Aadesh Singh Chauhan
along with his entourage entered the spot and encircled
the vehicle of the petitioner by his vehicles and also
blocked the way by tractor; that, respondent nos. 2 to
10/accused even tried to kill the petitioner by burning
his vehicle and damaged three to four vehicles. It is also
stated in the F.I.R. that the petitioner and his friends
saved their lives with great difficulty; that, after
completion of investigation, the Investigating Officer filed
charge sheet against the accused persons under Sections
147, 323, 427, 440 & 504 I.P.C, thereafter, the Judicial
Magistrate, Jaspur, District Udham Singh Nagar took
cognizance on 20.03.2023 in Criminal Case No.266 of
2023, 'State of Uttarakhand Vs. Rahul Chauhan'.
3. Counsel for the petitioner would submit that
upon taking cognizance of the offence on 20.03.2023 and
summoning the accused persons, the Judicial
Magistrate, Jaspur, District Udham Singh Nagar fixed the
date of 11.05.2023; on that day the matter was
adjourned for 06.07.2023; that, on 06.07.2023 the trial
court issued summon and fixed the date for 05.09.2023.
2024:UHC:8206
4. It is submitted by counsel for the petitioner
that in spite of lapse of more than ten months, the
concerned Court has not even framed the charges against
the accused persons; that, one of the accused i.e.
respondent no.4 is a sitting MLA, thus, prays that the
Trial Court may be directed to decide the case
expeditiously in the light of the judgment of Hon'ble
Supreme Court in the case of Ashwini Kumar Upadhyay
Vs. Union of India reported in (2024) 1 SCC 185.
5. Vide order dated 29.07.2024, the Co-ordinate
Bench of this Court directed the State to furnish the
details of the pending cases relating to sitting and ex MPs
and MLAs in the light of the judgment of Ashwini Kumar
Upadhay (supra) but till date affidavit of the Secretary of
the concerned Department has not been filed.
6. Counsel for respondent no.2 has filed counter
affidavit but the grounds taken in the counter affidavit
are formal in nature.
7. Perused the record in the light of submissions
made hereinabove.
8. In view of the above, it would be expedient to
direct the Trial Court to decide the matter expeditiously
as in spite of lapse of more than ten months, the
concerned Court has not even framed the charges
against the accused persons. Hence, present C528
2024:UHC:8206
petition is liable to be allowed and the same is hereby
allowed.
9. Accordingly, the Trial Court is directed to
decide the case expeditiously in the light of judgment of
Hon'ble Supreme Court in Ashwini Kumar Upadhyay
(supra).
10. Let a copy of this order be sent forthwith to the
court concerned for doing the needful.
(Vivek Bharti Sharma, J.)
06.11.2024
SS Digitally signed by SUKHBANT SINGH
SUKHBANT SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380d49b1885e62861
5, postalCode=263001, st=UTTARAKHAND,
serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C42261361AED3317
2F152148D, cn=SUKHBANT SINGH
Date: 2024.11.08 17:09:43 +05'30'
