Kulanand Goswami vs State Of Uttarakhand & Another
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Uttarakhand High Court

Kulanand Goswami vs State Of Uttarakhand & Another on 7 May, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

     HIGH COURT OF UTTARAKHAND AT NAINITAL
         Criminal Misc. Application No.1919 of 2022
Kulanand Goswami                                  .........Applicant

                              Versus

State of Uttarakhand & another                 .........Respondents

Mr. Shivam Rana, learned counsel holding brief of Mr. M.S. Bhandari,
learned counsel for the applicant.
Ms. Sweta B. Dobhal, learned Brief Holder for the State.
Mr. Jayvardhan Kandpal, learned counsel for respondent no.2.

Hon'ble Pankaj Purohit, J. (Oral)

This C-482 application preferred under Section 482 Cr.P.C. is directed against the order dated 30.09.2022 passed by the learned Judicial Magistrate, Ukhimath, District Rudraprayag in Criminal Case No.37 of 2022 (State vs. Kulanand Goswami), whereby, the applicant has been summoned to face the trial for the offences punishable under Section 465 IPC.

2. It needs to be mentioned at this stage that by order dated 20.10.2022 passed by the Coordinate Bench of this Court, an explanation was called from the concerned judicial officer for not forwarding the observations made in the judgment dated 29.08.2022. Pursuant to the said order, the officer concerned has submitted his explanation by his application dated 03.11.2022. The said grounds are found to be sufficient.

3. Facts in nutshell are that earlier, a Criminal Miscellaneous Application No.851 of 2022 had been filed wherein the summoning order dated 22.05.2022 passed by the same court was challenged; the Coordinate Bench of this

Court by the judgment dated 29.08.2022 allowed the application and remitted the matter back to the court concerned to pass a fresh and reasoned summoning order in accordance with law. Now, by way of impugned order dated 30.09.2022, learned Judicial Magistrate, Ukhimath has again passed an order for summoning the accused.

4. On perusal of impugned order dated 30.09.2022, it appears that there is no application of mind on the part of the judicial officer before passing the said order. A Coordinate Bench of this Court, by judgment dated 29.08.2022 had remitted the matter to the trial court for passing a fresh summoning order, but only after considering the material and recording its reasoning to justify the summoning order, by a judicious consideration, and application of mind.

5. However, the impugned order ipso facto is missing from all the aforesaid observations made by the Coordinate Bench of this Court while passing the impugned order. The impugned order is again a cryptic order which has been passed without application of mind.

6. In such view of the matter, the present C482 application is allowed. The order dated 30.09.2022 passed by the trial court is hereby set aside. The matter is remitted to the concerned court to pass a fresh order strictly in accordance with law and in view of the observations made by the Coordinate Bench of this Court by order dated 29.08.2022.

(Pankaj Purohit, J.) 07.05.2025 Ravi