Anuj Kumar Sharma vs The State of Uttarakhand

Prafulla C. Pant, J.—Urgency application No. 819 of 2012 is a lowed. Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the order dated 18.06.2008, 08.07.2011, 3.01.2012 passed by Addl. Chief Judicial Magistrate I, Dehradun, in criminal complaint case No. 2904 of 2011 Surender Tiwari vs. Anuj Kumar Saxena u/s 138 of Negotiable Instruments Act, 1881. Admittedly earlier criminal miscellaneous application No. 684 of 2010, Anuj Kumar Saxena vs. Surender Tiwari was filed in the same matter u/s 482 Cr.P.C., and this Court did not pass any stay order. This fresh petition against early petition u/s 482 Cr.P.C., is filed by impleading State of Uttarakhand as additional party. Admittedly, the criminal complaint case in question is between private parties. The grievance of the petitioner is that non bailable warrants have been issued by the trial court. The factual pleas of defense are raised before this Court which cannot be examined by this Court in its jurisdiction u/s 482 Cr.P.C. Having considered submissions of learned counsel for the petitioner, and learned counsel for the State, and after going through the papers on record, this Court is not inclined to interfere with the trial of the case in the above circumstances, particularly when the petitioner is not putting up his appearance for last three years in the case pending before the trial court. Therefore, the petition u/s 482 Cr.P.C., is dismissed summarily.