C482/400/2010 of YOGESH VAIDYA Vs STATE OF UTTARAKHAND AND ANR
Parties
- By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the chargesheet dated 12.04.2006, summoning order dated 05.07.2006 and the proceedings of criminal case no.1961 (PETITIONER)
- Yogesh Vaidya & others, under Section 420 IPC (RESPONDENT)
Cites (1 resolved of 5 detected)
Statutes cited (3)
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C482 No.400 of 2010
U. C. Dhyani, J.
Mr. Lalit Sharma, Advocate for the applicant. Mr. R. K. Sah, Deputy Advocate General with Mr. Prem Kaushal, Brief Holder present for the State.
None is present for the respondent no.2, despite service through publication.
By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the chargesheet dated 12.04.2006, summoning order dated 05.07.2006 and the proceedings of criminal case no.1961 of 2009 (old no.1502/2006), State vs. Yogesh Vaidya & others, under Section 420 IPC.
Learned counsel for the applicant submitted that the dispute between the parties is purely of civil nature and relates to breach of contract only. It is also the contention of learned counsel for applicant that the court of Dehradun has no territorial jurisdiction in the matter of cause of action, if any, has arisen in the State of Himachal Pradesh, where the education was being imparted in 234 schools.
Since the respondent no.2 has not turned up before this Court despite service through publication upon him, therefore, it appears that he is not interested in prosecuting the applicant.
There seems to be substance in the aforesaid contention of learned counsel for the applicant.
It will be futile exercise to keep petition under Section C-482 Cr.P.C. pending before this Court.
The Court can intervene in exercise of jurisdiction under Section 482 Cr.P.C. to prevent the abuse of process of law, as has been held by Hon’ble Apex Court in Rajiv Thapar and others vs. Madan Lal Kapoor (2013) 3 SCC 330, Amit Kapoor vs. Ramesh Chander and another, 2013 (1) SCC (Crl) 986 and Inder Mohan Gosami and another vs. State of Uttarakhand and others, (2008) 1 SCC (Crl) 259.
The petition under Section 482 of Cr.P.C. is allowed. The impugned chargesheet dated 12.04.2006, summoning order dated 05.07.2006 and proceedings of criminal case no.1961 of 2009 (old no.1502 of 2006), State vs. Yogesh Vaidya & others, under Section 420 IPC are hereby quashed.
Since present application under Section 482 Cr.P.C. is being decided in the absence of the respondent no.2, therefore, liberty is granted to him to move for recall of this order, if he feels aggrieved with the same.
Dated 08.06.2017
Rawat
(U. C. Dhyani, J.)