Anil Kumar Bidani and Others vs State of Uttarakhand and Another

Prafulla C. Pant, J.—Heard learned Counsel for the parties.

By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the Petitioners have sought quashing of the proceedings of Criminal Case No. 5042 of 2007, State v. Anil Kumar Bidani and Ors. relating to offence punishable u/s 498-A of I.P.C. and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, police station Jwalapur, pending in the court of Chief Judicial Magistrate, Haridwar.

Learned Counsel for the Petitioners submitted that the trial court has committed irregularities in framing the charge against the Petitioners. It is further pointed out that provisions contained in Section 212 and 218 of Code of Criminal Procedure are violated.

I have gone through the copy of the charge framed by the trial court against the accused (Petitioners), and also perused the impugned order dated 05.05.2010, passed by the revisional court, in Criminal Revision No. 367 of 2009.

Section 215 of Code of Criminal Procedure provides that no error in stating either the offence or the particulars required to be stated in the charge and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. The irregularities pointed out on behalf of the Petitioners are not such on the basis of which it can be said that the trial is vitiated. Apart from this, Section 464 of Code of Criminal Procedure further protects the error, omission and irregularities in the charge unless there is failure of justice occasioned by such error, omission or irregularity. The criminal case between the parties has arisen out of the matrimonial discord, and in the circumstances of the case, this Court does not find any error which has misled the Petitioners.

However, all pleas of innocence, including the plea of territorial jurisdiction, can be raised by the Petitioners before the trial court during the trial.

With the above observations, this petition moved u/s 482 of Code of Criminal Procedure is dismissed.