Dismissed

Amrit Pal Garg and Another v. State and Others

Uttarakhand HC6 Jul 2006C482/476/2006

Case brief

AI extract

What is this about?

The High Court of Uttaranchal dismissed a Criminal Misc. Application filed under Section 482 Cr.P.C. by applicants seeking quashing of a charge sheet and summoning order. The single-judge bench held that no miscarriage of justice or misuse of process was found, and the power under Section 482 cannot stifle legitimate prosecution. The court refused to act as a trial court absent concluded evidence

What did the court decide?

None. The petition under Section 482 Cr.P.C. was dismissed without granting the quashing prayer.

Amrit Pal Garg and Another Vs State and Others — Quashing and FIR | Uttarakhand HC (2006)

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In The High Court of Uttaranchal, at Nainital.

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Criminal Misc. Application No. 476/2006

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1- Amrit Pal Garg S/o Babu Ram Garg

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R/o D-1, Industrial Estate

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Roorkee, P.S. Gangnahar, Roorkee,

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District Haridwar.

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2- Mado Ram Bhardwaj S/o Budh Singh

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R/o D-3, Industrial Estate

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Roorkee, P.S. Gangnahar, Roorkee

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District Haridwar … Applicants.

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Versus

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1- State of Uttaranchal

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2- Second Addl. Civil Judge (JD) Roorkee

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District Haridwar.

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3- Jogendra Kumar S/o Rati R/o Village Khajori

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P.S. Jhabrera District Haridwar, presently

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Posted as Peshkar S.D.M. Court

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Roorkee, District Haridwar ……..Respondents.

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Sri Navneet Kaushik, holding brief for Sri Vipul Sharma, Learned counsel for the applicants. Sri G.S. Sandhu, learned A.G.A. for the State.

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Hon'ble B.C. Kandpal, J.

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This petition U/S 482 Cr.P.C. has been filed by the petitioners for quashing the charge sheet dated 26-6-2006 and the subsequent proceedings in the form for summoning order dated 26-6-2006, passed by II Additional Civil Judge (J.D.) Roorkee, U/Ss 352, 353, 504, 506 I.P.C. in case No. 86/2006 State Versus Mamtesh Sharma and others.

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2- Heard learned counsel for the applicants, learned A.G.A. and perused the record.

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3- Annexure-3 contained with the petition shows that the charge sheet was filed against the petitioners

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U/Ss 352, 353, 504 and 506 I.P.C. and Section 3 (1) (X) of S.C. and S.T. Act.

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4- The first information report, which is contained as Annexure-2 to this petition, discloses the prima facie case against the petitioners. The trial court after applying its mind summoned the petitioners to face the trial. It is settled principle of law that the detailed reasoning for passing the summoning order is not needed and the further proceedings in the case cannot be disturbed on that ground alone. I do not find any serious miscarriage of justice and misuse of the process of court. I also do not find that any material mandatory provision of law has not been complied with by the court below. The power U/S 482 Cr.P.C. is not to be exercised to stifle a legitimate prosecution. I am not supposed to deliver a premature decision in a case where the entire facts are extremely incomplete and hazy, more so when the evidence has not been concluded and produced before the court as yet and the issues involved cannot be seen in their true perspective without having sufficient material on record. I am also not to assume the role of a trial court and embark upon the enquiry as to the reliability of the evidence and sustainability of the accusation on a reasonable appreciation of such evidence.

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4- The petition thus lacks merit and is liable to be dismissed.

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5- Accordingly the petition is dismissed.

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(B.C. Kandpal, J.)

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Dated: 06-07-2006 ISB

Amrit Pal Garg and Another v. State and Others

Case brief

What is this about?

What did the court decide?

Amrit Pal Garg and Another v. State and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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