Dirved Giri vs State of Uttarakhand

Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973, the Petitioner has sought quashing of the proceedings of Criminal Case No. 4057 of 2008, State v. Dirved Giri, relating to offences punishable u/s 420, 406, 409, 120B, 201 of I.P.C., and that of Criminal Case No. 2052 of 2009, State v. Dirved Giri, relating to offence punishable u/s 182 of I.P.C., pending in the court of Chief Judicial Magistrate, Dehradun, and Special Sessions Trial No. 13 of 2006, State v. Dirved Giri, relating to offence punishable u/s 13 of the Prevention of Corruption Act, 1988, all cases arisen out of Crime No. 03 of 1998, police station Uttarkashi.

The crime relates to the year 1998. Now, more than 12 years have already passed. The Petitioner had earlier also filed a petition u/s 482 of Code of Criminal Procedure (Criminal Misc. Application (C-482) No. 682 of 2007), which was dismissed by this Court vide order dated 25.09.2007. Said petition pertained to the trial in respect of offences punishable u/s 406, 409, 201, 420, 120B of I.P.C. (arisen out of Crime No. 03 of 1988). As far as the trial relating to offence punishable u/s 13 of the Prevention of Corruption Act, 1988 is concerned, in view of Clause (b) of Sub-section (3) of Section 19 of said Act, interference with the trial is not desirable.

In the above circumstances, having considered submissions of learned Counsel for the Petitioner and learned Counsel for State, and after going through the papers on record, this Court is not inclined to interfere with the trial. Therefore, without expressing any opinion as to the final merits of the case, the petition u/s 482 of Code of Criminal Procedure is dismissed summarily.