Dr. M.P. Singh vs Charan Singh

Prafulla C. Pant, J.—Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure.) the Petitioner has sought quashing of the proceedings of criminal complaint case No. 712 of 2010, Charan Singh v. Dr. M.P. Singh, relating to offences punishable u/s 302, 201, 323, IPC, pending in the court of Additional Chief Judicial 2 Magistrate, Kashipur, District Udham Singh Nagar.

Learned Counsel for the Petitioner submitted that earlier a first information report was lodged by the Respondent which was registered as crime No. 2043 of 2006, relating to offence punishable u/s 302 IPC, against the Petitioner Dr. M.P. Singh. However, on investigation no offence is said to have been made out, and final report was submitted. The allegation in the FIR was that the deceased was 13 years aged girl who was working as domestic servant in the nursing home of the Petitioner. The aunt of the deceased on 05.12.2006, came to know that as against her niece Santosh (deceased) the Petitioner made allegation of theft, and on that suspicion she was beaten in her presence. Whereafter, the girl died on the next day morning. It appears that matter was reinvestigated, and final report was submitted, and after that Respondent filed protest petition which was treated as criminal complaint, and after recording evidence u/s 200 Code of Criminal Procedure., and 202 Code of Criminal Procedure., the accused was summoned. On 10.02.2010, the complaint was dismissed for non-prosecution as counsel of the complainant did not turn up. Thereafter, fresh complaint was filed, and 3 after discussing the evidence on record vide impugned order dated 17.03.2011, the Petitioner has been summoned to face the trial in respect of offence punishable u/s 304 IPC.

Having considered submissions of learned Counsel for the Petitioner, and after going through the papers on record, this Court is not inclined to interfere with the trial of the case. Therefore, without expressing any opinion as to final merits of the case, this petition u/s 482 Code of Criminal Procedure., is dismissed summarily with the observation that if the Petitioner Dr. M.P. Singh, surrenders before the court concerned his bail application shall be heard and disposed of without unreasonable delay keeping in mind that he has already been released on bail in respect of the major offence for which earlier FIR was lodged.