Shivam Sharma vs State Of Uttarakhand & Others

N.S. Dhanik, J

Heard learned counsel for the parties.

Facts, in brief are that an FIR was lodged by the respondent no. 3 Naeem Ahmad on 15.03.2012 with the Police Station Jaspur, District Udham Singh Nagar, against the unnamed persons. The allegation made in the FIR is that the respondent no. 3 has a work shop under the name of "Madhur Gramoudyog Vikas Sansthan" on Patrampur Road in Jaspur, District Udham Singh Nagar, where the wood is kept, and in the night of 14th March, some unknown persons have stolen 26 logs of Teak wood costing around 1.50 lakhs. In the FIR, it is further stated that when the complainant came searching for the logs, he saw the waste material of the logs at the Saw mill of the present applicant and on inquiry, the applicant told him that he would identify the person who brought the log wood to his saw mill. The police made investigation into the matter and filed the charge-sheet against the applicant and thereafter, the applicant filed C-482 No. 91 of 2014 and on 03.02.2014 this court granted interim relief to the applicant. The same was continued till 28.02.2019 and on 28.02.2019 this Court dismissed the criminal miscellaneous application and vacated the earlier interim order dated 03.02.2015. Thereafter, the Magistrate concerned passed the order dated 22.05.2019, consequent to the orders dated 16.03.2019 & 19.04.2019, whereby the learned Trial Court has issued non-bailable warrant and has directed initiation of proceedings under Section 82/83 of Cr.P.C. against the applicant. Being aggrieved by the aforesaid orders, the accused applicant has filed the present criminal miscellaneous application.

Learned counsel for the applicant would submit that the applicant could not appear before the Trial Court, for the reason that he was not aware about the final order dated 28.02.2019.

Having heard learned counsel for the parties and on perusal of the papers on record and considering the facts and circumstances of the case, this Court is of the view that a prima facie case is made out against the applicant. It is settled law the power under Section 482 Cr.P.C. should be exercised very sparingly and this power should not be exercised to stifle the legitimate trial and in cases where facts are hazy.

In view of the above, no interference is called for in the present matter. Hence, the present criminal miscellaneous application is hereby dismissed.

However, if the accused-applicant surrenders himself before the Magistrate concerned, his bail application shall be considered and decided as expeditiously as possible.

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