Hon'Ble Vivek Bharti Sharma vs Unknown
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Uttarakhand High Court

Hon'Ble Vivek Bharti Sharma vs Unknown on 4 October, 2024

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                                                                              2024:UHC:7433
                    Office Notes,
                   reports, orders
                   or proceedings
SL.
       Date         or directions                 COURT'S OR JUDGE'S ORDERS
No.
                   and Registrar's
                     order with
                     Signatures
      04.10.2024                     C482 No.1330 of 2016
                                     Hon'ble Vivek Bharti Sharma, J.

Mr. Mohd. Safdar, learned counsel for the petitioner.

2. Mr. G.S. Sandhu, learned Additional Advocate General along with Mrs. Mamta Joshi, learned Brief Holder for the State.

3. Learned counsel for the petitioner would submit that all the offences in this C482 petitions carry a sentence of less than seven years, therefore, the present case is covered by judgment of Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation 2022 (10) SCC 51.

4. Per contra, learned counsel for the State would submit that grounds taken in petition are frivolous and an attempt to escape the process of law by delaying the trial; that, the allegations against the petitioner/accused are very serious in nature and a clear case is made out against the petitioner/accused.

5. On perusal of the entire material available on record, this Court does not find any manifest error in the cognizance order dated 09.03.2016, which would warrant this Court to set-aside the criminal proceedings of Criminal Case No.175 of 2016 and the charge sheet dated 15.11.2015 filed in Case Crime No.275 of 2015 under Sections 147, 148, 149, 323, 332, 353, 335, 427, 341, 153-A & Section 7 of Criminal Law Amendment Act pending in the court of Judicial Magistrate, Roorkee, District Haridwar.

6. It is trite that the powers under Section 482 of Cr.P.C. have to be exercised sparingly, carefully and with caution and only to prevent abuse of process of any Court or otherwise to secure ends of justice.

7. Having considered the submissions of the counsel for the parties and after going through the record available on file, this Court is of the considered view that it is not a fit case, in which, the High Court should invoke its inherent jurisdiction under Section 482 of Cr.P.C.

8. For the aforesaid reasons, the C-482 petition 2024:UHC:7433 lacks merit and is accordingly, dismissed.

9. Petitioner/accused is directed to appear before the trial court on 18.10.2024 at 10:30 A.M.

10. There is no need to issue notice to the petitioner/accused for appearance before the Trial Court.

11. Copy of the order be sent to the trial court concerned.

(Vivek Bharti Sharma, J.) 04.10.2024 SS SUKHBAN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7 bc7dd129a8a6380d49b1885e628615,

T SINGH postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4F B4BEBD2B7D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2024.10.04 16:40:49 +05'30'