Sachin & Another vs State Of Uttarakhand And Another

N.S. Dhanik, J

By means of this application under Section 482 Cr.P.C., applicants have prayed for quashing the impugned order dated 27.09.2019 passed by learned Additional Sessions Judge, Laksar, District Haridwar in Criminal Revision No. 104 of 2019, "Lalit & another vs. State of Uttarakhand & another" and impugned order dated 24.12.2018 passed by learned Judicial Magistrate, Laksar, District Haridwar in Criminal Misc. Application No. 266 of 2018, "Sethpal vs. Unknown" under Section 307 of IPC, registered at P.S. Khanpur, District Haridwar, whereby on protest petition the final report submitted by the I.O. has been rejected and the applicant no. 1 has been summoned under Section 307 of IPC and applicant no. 2 under Section 307/34 of IPC.

Learned counsel for the applicants submits that the applicants are closed relatives of the respondent no. 2; injured Udaipal and Smt. Suman are well known to each other. He also submits that the investigation of the instant case was conducted by three Investigating Officers and during investigation the statement of the Sethpal (informant) and Udaipal (injured) have been recorded by the Investigating Officers twice under Section 161 Cr.P.C. and the statement of Smt. Suman and Somvir Singh (witness) have also been recorded under Section 161 of Cr.P.C. He further submits that the applicant no. 1 is a regular student of fourth year in B.A.LL.B. Course and the applicant no. 2 is also a B.B.A. pass and preparing for job having no criminal history.

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.

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

Learned counsel for the applicants then prayed that some time be granted to the applicants to surrender before the Magistrate concerned.

Applicants are granted time from today to surrender before the Magistrate concerned on or before 14.11.2019, whereafter they will be dealt with by the Court concerned as per law. Till 14.11.2019 only, N.B.W. issued against the applicants shall be kept in abeyance. However, it is provided that if the accused applicants appear before the court concerned and move application for their bail, which shall be considered, as far as possible on the same day itself on its merit in accordance with law. In case, it is deferred for any reason (including its rejection), the court shall forward the papers on the same day before the Sessions court which may consider the bail on the same day itself on the same terms as referred to the learned Magistrate.

Let a certified copy of this order be issued to the learned counsel for the parties, today itself, on payment of usual charges.