Uttarakhand High Court
Chander Singh Bisht vs State Of Uttarakhand And Others on 20 November, 2024
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
2024:UHC:8643
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc Application No. 486 of 2024
Chander Singh Bisht .......Petitioner
Versus
State Of Uttarakhand and others .....Respondents
Presence:-
Mr. Harshit Sanwal Advocate for the petitioner.
Mr. G.S. Sandhu, Additional Advocate General along with Ms.
Mamta Joshi, Brief Holder for the State.
Dated : 20.11.2024
Hon'ble Vivek Bharti Sharma, J.
Present petition is filed by the petitioner
for following reliefs:
(i) Direct the Officer(s) of court of learned
Additional Chief Judicial Magistrate, Haldwani
to place the original order dated 31.08.2024
passed in Misc. Criminal Case No.320/2024
(Annexure-10) on record, which has been
replaced with the order dated 31.08.2024
(Annexure No.9); and/or
(ii) Quash/set aside the subsequent order
dated 31.08.2024 (Annexure No.9) being non est
in the eyes of law and uphold the Electronic True
Copy of the Order dated 31.08.2024 (Annexure
No.10) passed in Misc. Criminal Case No.
320/2024 Chander Singh Bisht Vs. Anand
Singh & Ors. passed by the learned Additional
Chief Judicial Magistrate, Haldwani, Nainital;
and/or
(iii) Pass appropriate order directing the State
i.e. P.S. Haldwani to act in accordance with the
2024:UHC:8643
original order dated 31.08.2024 (Annexure No.8
& 10) passed in Misc. Criminal Case No.
320/2024 and to proceed with registration of
FIR and consequent investigation; and/or
(iv) Quash/set aside the subsequent order
dated 31.08.2024 (Annexure No.9) passed in
Misc. Criminal Case No. 320/2024 Chander
Singh Bisht Vs. Anand Singh & Ors. passed by
learned Additional Chief Judicial Magistrate,
Haldwani, Nainital; and/or allow the application
under Section 156(3) Cr.P.C. moved by the
applicant and direct for registration of FIR on the
report dated 1.5.2024; 3.5.2024 and 10.5.2024.
2. He would further submit that the
petitioner/complainant moved an application u/s
156(3) of Cr.P.C. (the Criminal Procedure Code as then
was) in the court of Additional Chief Judicial
Magistrate, Haldwani (Annexure-5) with prayer to get
the offences committed by the private respondents
investigated by Police by registering the FIR; that,
this application is a detailed application duly
supported by electronic and other evidences; that, the
application was registered as Misc. Criminal Case
No.320/2024 and the arguments of the
petitioner/complainant were heard by the court on
08.08.2024 and the case was fixed for orders on
31.08.2024; that, on 31.08.2024 it was a Saturday
and it was informed to the petitioner/complainant
that the order would be passed during the course of
the day and that the petitioner/complainant may
enquire about the same on 02.09.2024.
2024:UHC:8643
3. He would further submit that on
02.09.2024 the petitioner/complainant checked the
status of Misc. Criminal Case No.320/2024 and came
to know that the application has been allowed; that,
thereafter, he applied for certified copy of the order
and in the meantime on 03.09.2024 he downloaded
the e-true copy of the order dated 31.08.2024 from
the official website (Annexure-10) at 03:21:49 pm.
The operative portion of Annexure-10 is quoted
hereunder:-
"आदे श
(i) प्राथ� चन्द्र �संह �बष्ट का प्राथर्ना पत्र अंतगर्त धारा 156 (3) दण्ड प्र�क्रया
सं�हता, 1973 स्वीकार �कया जाता है ।
(ii) थाना हल्द्वानी, िजला नैनीताल, के भारसाधक अ�धकार� को आदे �शत �कया
जाता है �क प्राथ� के प्राथर्ना पत्र अंतगर्त धारा 156 (3) दण्ड प्र�क्रया सं�हता, 1973
को �ल�खत तहर�र मानते हुए �व�धवत ् अ�भयोग पंजीकृत कर अन्वेषण कर
अपनी प�ु लस �रपोटर् न्यायालय को प्रे�षत कर� ।
(iii) कायार्लय के भारसाधक अ�धकार� को आदे �शत �कया जाता है �क इस आदे श
क� एक प्र�त�ल�प मय प्राथर्ना पत्र अंतगर्त धारा 156 (3) दण्ड प्र�क्रया सं�हता,
1973 क� प्र�त�ल�प, सम्बिन्धत थाने के भारसाधक अ�धकार� को �नयमानुसार
आवश्यक कायर्वाह� हे तु प्रे�षत कर� । पत्रावल� �नयमानुसार दा�खल दफ्तर हो।"
4. He would further submit that on
03.09.2024 the petitioner/complainant obtained the
certified copy of the order dated 31.08.2024
(Annexure-9) and to his utter surprise and
astonishment he found that till para no.7 the order
was identical to the e-true copy version of the order
but subsequent paragraphs were completely changed
and in the operative part of the order, the application
is shown to be dismissed. He would refer to the
operative portion of the order dated 31.08.2024
(Annexure-9), which is quoted hereunder:-
2024:UHC:8643
"प्राथ� का प्राथर्ना पत्र अंतगर्त धारा 156 (3) दण्ड प्र�क्रया सं�हता, 1973 खा�रज
�कया जाता है । पत्रावल� �नयमानुसार दा�खल दफ्तर हो"
5. Learned counsel for the
petitioner/complainant would submit that now the
order dated 31.08.2024 (Annexure-10) as was initially
reflected on the official website has been removed and
replaced with the order Annexure-9.
7. In view of the submissions and facts raised
by the learned counsel for the petitioner on the
previous date of hearing, which were found serious
and alarming, this Court vide order dated 12.11.2024
had issued show cause notices to the Additional
Chief Judicial Magistrate, Haldwani, District Nainital.
8. In compliance of the same, the Additional
Chief Judicial Magistrate, Haldwani, District Nainital
submitted his reply dated 15.11.2024.
9. In his reply, the officer concerned stated
that he had not signed the order of allowing the
application under Section 156(3) Cr.P.C. on
31.08.2024 and it was because of the mistake of one
Mr. Rakesh Kunwar, Data Entry Operator appointed
through UPNL, who had inadvertently uploaded the
previous order dictated to the Stenographer Smt.
Sujata Upadhyaya; that this mistake came in the
knowledge of the Mr. Rakesh Kunwar then the wrong
order was removed from the website by him.
10. Prima facie this Court is not satisfied with
the explanation submitted by the Additional Chief
Judicial Magistrate, Haldwani, District Nainital as it
is inexplicable how these alleged two complete orders
with different conclusions were dictated by
2024:UHC:8643
Magistrate concerned on the application under
Section 156(3) Cr.P.C. filed by the petitioner.
11. It is also pertinent to note that in both the
orders, be it the order of rejecting the application or
order of allowing the application under Section 156(3)
Cr.P.C., paragraph nos. 2 to 8 are same except some
minor changes in paragraph no. 3 in both the orders.
In both the orders, the subsequent paragraphs to
paragraph no.8 are completely changed and even the
conclusion is totally different.
12. It is trite that the decision on the
application under Section 156(3) Cr.P.C. does not
involve the facts of the case as it is decided on an
application and not on the evidence, testimony or
proved/admitted documents as a final judgment.
13. In view of the above observation, this Court
is of the considered view that the matter requires a
detail enquiry by the Registrar (Vigilance) of this
Court.
14. The Registrar (Vigilance) is directed to
conduct detail enquiry in the matter and take into
possession the relevant documents by placing the
certified copies issued by the Copying Department of
the concerned District Court in the record of the
court concerned
15. As, this order is on the judicial side,
therefore, the Registrar (Vigilance) shall place the
copy of this order before the Hon'ble Administrative
Judge/Hon'ble the Acting Chief Justice for
information and kind perusal.
16. In so far as the present petition is
2024:UHC:8643
concerned, in view of the peculiar facts and
circumstances of this case, this Court deem it just
and proper to set aside both the orders dated
31.08.2024 (Annexure-9 and Annexure-10).
17. Accordingly, the Annexure-9 and Annexure-
10 are set aside. The case is transferred to the court
of learned Chief Judicial Magistrate, Haldwani,
District Nainital, who will re-hear the application of
the petitioner filed under Section 156(3) Cr.P.C. and
pass appropriate order in accordance with law.
18. Subject to the above observations and
directions, the writ petition stands disposed of.
(Vivek Bharti Sharma, J.)
20.11.2024
Mamta
MAMT
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Date: 2024.11.26 11:27:08 +05'30'
