Ram Kishore @ Muddar & Others vs State Of Uttarakhand

N.S. Dhanik, J

By means of this application under Section 482 Cr.P.C., applicants have prayed for quashing the impugned order dated 12.12.2019 passed by

learned 1st Additional District & Session Judge, Udham Singh Nagar in S.T. No. 290 of 2013 (FIR No. 70/2013), “State vs. Ram Kishoreâ€, under

Sections 147, 148, 149, 307, 302, 120-B, 504 & 506/34 IPC, registered at P.S. Kashipur, District Udham Singh Nagar and further to allow the

application of the applicant accused for summoning the P.W. 1 Chandramukhi, P.W. 2 Smt. Mira for re-cross examination.

Learned counsel for the applicant submits that in the FIR, the complainant (P.W. 1) has mentioned about a ritual known as “Bhat†and during

her evidence, she stated that at the time of incident, the said ritual of “Bhat†was going on and as such, the fact regarding the said ritual are liable

to be discussed with the said witnesses which could not be done earlier. He further submits that the complainant in her evidence-in-chief stated that

due to fear, she could not lodged the FIR, whereas in the cross-examination, she admitted that in the night she herself reached to hospital and the

police thereafter reached to the hospital. Furthermore, P.W. 1 is also a witness of inquest report and stated that at the inquest report police made

conversation, as such it is not explained that what was the fear in lodging the FIR and regarding the said fact also the cross examination of P.W. 1 and

P.W. 2 is required.

Learned State Counsel submits that the matter is pending since the year 2013 and the present applicant had been given ample opportunities for

cross examination of P.W. 1 and P.W. 2 before the trial Court, which is clearly reflected in the order dated 12.12.2018 of the trial Court.

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 the power available to High Court under Section 482 of 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.