Manoj Paras & Another vs State Of Uttarakhand And Another

N.S. Dhanik, J

The present criminal miscellaneous application has been filed by the applicants to quash/set-aside the impugned summoning order dated 20.07.2018 passed by the learned Special Judge, Gangster Act, Dehradun in Special Sessions Trial No. 23 of 2018, "State vs. Moolchand Chauhan & others" (Case Crime No. 12/2017) under Section 2/3 of the U.P. Gangster Act, P.S. Laxman Jhula, District Pauri Garhwal and further to quash the entire proceedings of the aforesaid Special Sessions Trial No. 23 of 2018" State vs. Moolchand Chauhan & others" (Case Crime No. 12/2017) under Sections 2/3 of the U.P. Gangster Act, P.S. Laxman Jhula, District Pauri Garhwal, pending in the Court of learned Special Judge Gangster Act, Dehradun.

Learned counsel for the applicants submits that regarding the same incident, an FIR was lodged against the applicants and other co-accused persons on 18.01.2013, which was registered as Case Crime No. 02 of 2013, under Sections 452, 365, 342, 504, 506, 323 & 34 of IPC and after submission of charge-sheet, the case was tried by learned Chief Judicial Magistrate, Pauri Garhwal and all the accused persons, including present applicants were acquitted vide judgment dated 09.10.2018. He further submits that in respect of the same incident, another FIR has been lodged under Section 2/3 of Gangster Act and after investigation, Investigating Officer filed charge-sheet against the applicants. Same was accepted by the Court. Thereafter, cognizance was taken by the Magistrate and the summoning order was passed. charge-sheet has been filed on 19.03.2018 before the Court concerned. Against the said order, present criminal miscellaneous application has been filed by the applicants.

Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon'ble Supreme Court in catena of decisions has held that power available to a High Court under Section 482 Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category.

Accordingly, the application under Section 482 Cr.P.C. is hereby dismissed.

It is, however, made clear that the applicants are at a liberty to move an application for their discharge before the court below, if they so advised, which shall be considered as expeditiously as possible, in accordance with law, at an appropriate stage. In case, the applicants appear before the trial Court and moves an application for their bail before the learned Magistrate concerned, the same shall be considered as far as possible on the same day itself.