Unknown vs State Of Uttarakhand & Others
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Uttarakhand High Court

Unknown vs State Of Uttarakhand & Others on 6 May, 2025

                                                         2025:UHC:2710



HIGH COURT OF UTTARAKHAND AT NAINITAL
  Criminal Misc. Application U/s 482 No. 77 of 2013
                             6th May, 2025



Sri Virendra Verma                                        --Applicant

                                Versus

State Of Uttarakhand & others                         --Respondents

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Presence:-

Mr. Abhishek Verma, learned counsel for the Applicant through V.C.

Mr. Deepak Bisht, learned Deputy Advocate General, assisted by Mr. Sandeep Sharma, learned AGA and Mr. Prabhat Kandpal, Brief Holder, for the State.

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Hon'ble Alok Mahra, J.(oral)

By means of present C-482 Petition, the applicant seeks to quash the charge-sheet dated 30.07.2011, summoning order dated 12.09.2011 passed by learned 3rd Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar as well as the entire proceedings of Criminal Case No. 125 of 2012, State vs. Virendra Verma and others.

2. This Court enquired from the learned Deputy Advocate General Mr. Deepak Bisht, whether any appeal has been filed against the judgement or not? Learned Government Counsel has submitted on the basis of instructions received that no appeal has been preferred and that judgment and order dated 28.08.2011 has attained finality. The instructions are taken on record.

2025:UHC:2710

3. Despite service of notice on respondent no. 3 no one has put in appearance.

4. Brief facts of the case are that respondent no.3 filed a complaint on 04.05.2011, wherein she has alleged that the applicant and one Vikas Garg alongwith some other persons came to her plot for taking possession on the ground that they have purchased the said land from one Shri Rajendra Singh by way of registered sale-deed. A First Information Report No. 191 of 2021 based on the complaint under Sections 120-B, 420, 447, 467, 468 and 471/506 IPC was lodged against the applicant, Shri Vikas Garg and two others. After the investigation, charge-sheet was filed and the learned Additional Chief Judicial Magistrate, Kashipur took the cognizance on the charge-sheet and issued summons to the present applicant to face the trial for the offences punishable under Sections under Sections 420, 467, 468, 471, 447 and 120-B/506 (I) IPC. Feeling aggrieved by the summoning order, the present application under Section 482 Cr.P.C. has been preferred.

5. Learned Coordinate Bench of this Court vide order dated 24.01.2013 have stayed the further proceedings of Criminal Case No. 125 of 2015, State vs. Virendra Verma and others. It is pertinent to mention here that criminal trial against the other two accused persons, namely, Vikas Kumar Garg and Mintu Chaudhari proceeded. In the Trial, seven witnesses were examined by the prosecution. All the seven witnesses are common in respect of charge-sheet filed against the applicant also. The case as set up by the applicant is that the applicant and Shri Vikas Kumar Garg have jointly

2025:UHC:2710 purchased the piece of land from one Shri Rajendra Singh by a registered sale-deed. Land bearing plot no. 299 situated at Village Khadakdevi Devipura, Kashipur through registered sale-deed dated 19.02.2011. After investigation, it was revealed that the vendor has no share left in the said land and the Tehsildar subsequently cancelled the said sale-deed.

7. Learned counsel for the applicant argued that they were bona fide purchaser for consideration as the name of Shri Rajendra Singh appears in the Khatauni. During pendency of the present C-482 Petition, Shri Vikas Kumar Garg was acquitted of the charges levelled against him under Sections 420, 467, 468, 471, 447 and 120-B/506 (I) IPC, vide judgment and order dated 28.08.2021 passed by the learned Judicial Magistrate/Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar.

8. Learned counsel for the applicant submits that since the applicant has also been charged under the same Sections and the role of the applicant as well as Shri Vikas Kumar Garg is on the same footing and prosecution witnesses are the same even the evidence led in the trial against Shri Vikas Kumar Garg is the same against the applicant and since the trial court has found the evidence to be un-reliable and acquitted Shri Vikas Kumar Garg, therefore, no fruitful purpose would be served in continuing the proceedings against the applicant.

9. After considering the rival submissions of learned counsel for the applicant and learned Deputy

2025:UHC:2710 Advocate General, this Court is of the considered view that if other accused are acquitted, no criminal proceedings can be sustained against the applicant herein on the same set of witnesses as there is no separate witness and on the basis of testimony of the same witnesses, co-accused have been acquitted by the Trial Court. Whenever, there is no prospect of the case ending in conviction valuable time of the Court should not be wasted in holding the trial only for the purpose of completing the procedure to pronounce the conclusion on a future date, therefore, criminal proceedings cannot be permitted to continue against the present applicant.

10. Therefore, present C-482 Petition is allowed.

11. Accordingly, the charge-sheet dated 30.07.2011, summoning order dated 12.09.2011, passed by learned 3rd Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar as well as the entire proceedings of Criminal Case No. 125 of 2012, State vs. Vindrendra Verma and others, are hereby quashed.

(Alok Mahra, J.) 06.05.2025 Kaushal