Allowed

Heera Singh v. State of Uttarakhand

Uttarakhand HC8 May 2025C482/512/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous application, the High Court of Uttarakhand granted the quashing of a Section 82 CrPC proclamation notice issued against the applicant. The court noted the notice was flawed but ordered the applicant to appear before the trial court to make his presence available for future bail consideration.

What did the court decide?

Application under Section 482 of CrPC allowed quashing of notice dated 24.06.2020; applicant ordered to make presence before trial court.

Heera Singh Vs State of Uttarakhand — Quashing and FIR | Uttarakhand HC (2025)

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2025:UHC:3634

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Criminal Misc. Application No.512 of 2020

Heera Singh

......Applicant

Vs.

State of Uttarakhand & another …..Respondents

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Presence :

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Mr. Gaurav Singh, learned counsel for the applicant through VC.

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Mr. V.S. Rawat, learned AGA, for the State/1.

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Ms. Pooja Parashar, learned counsel for respondent no.2 through VC.

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Hon’ble Ashish Naithani, J.

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Heard learned counsels for the parties, and perused the records.

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By means of present C482 application, the applicant is seeking quashing of notice dated 24.06.2020, issued under Section 82 of Cr.PC, passed by learned 1^st Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Haridwar.

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As per record, there is a finding on record that the proclamation under Section 82 of CrPC were not issued on sound ground, and it was further noted that such proclamation under Section 82 of CrPC, cannot be issued in a mechanical manner as it has wide consequences. Relevant paragraph of order dated 17.07.2020 passed by this Court is extracted below:-

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“9. Let a copy of this order be sent to learned Ist ACJ (SD)/ACJM, Haridwar with a request to submit the record pertaining to issuance of proclamation under Section 82 against the petitioner in the instant case. This is so because the proclamation under Section 82 of the

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Criminal Misc. Application.512 of 2020-----Heera Singh….Vs……… State & another

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Ashish Naithani J.

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2025:UHC:3634

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Code cannot be issued in a mechanical manner. It has wide consequences.

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Till the next date of listing, no coercive steps shall be taken against the petitioner.”

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Though the above findings have been noted still the matter relates to Sections 147, 148, 325 and 327 of IPC, and it is evident from the record that the applicant has been evading the service.

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The Court is of the view that even though the application under Section 482 of CrPC, is for quashing the issuance of proclamation under Section 82 of CrPC seems to be legitimate as not having issued on sound grounds.

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In view of the above, the C482 application is allowed, subject to the condition that the applicant shall make his presence before the trial court, and the trial court shall consider his appearance and further consider his bail application accordingly.

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(Ashish Naithani J.)

08.05.2025

NR/

Criminal Misc. Application.512 of 2020-----Heera Singh….Vs……… State & another

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Ashish Naithani J.

Heera Singh v. State of Uttarakhand

Case brief

What is this about?

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Heera Singh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

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