C482/510/2011 of MOHAN SINGH @ MUNNA AND ORS Vs STATE OF UTTARAKHAND AND ANR

C-482 No. 510 of 2011

U.C. Dhyani, J.

Mr. Vipul Sharma, Advocate for the

applicants.

Mr. S.S. Adhikari, Brief Holder for the State.

None is present for the respondent no. 2.

By means of this present petition, moved under Section 482 Cr.P.C, the applicant has sought quashing the charge sheet dated 25.08.2010 under Section 147/427 IPC in Criminal Case No. 251/2011 (State vs. Munna and others) and the summoning order dated 18.04.2011 issued by the learned Chief Judicial Magistrate, Pauri Garhwal against the applicant under Section 147/427 IPC and further proceedings of Criminal Case No. 251/2011 (State vs. Munna and others) pending before the learned Chief Judicial Magistrate, Pauri Garhwal under Sections 147/323/427/452/506 IPC.

Since respondent no. 2 has not turned up before this Court despite service of notice upon him, therefore, it appears that he is not interested in prosecuting the applicant.

Learned counsel for the applicants submitted that applicants are the employees of Swargashram Trust. It is further pointed out that complainant Swami Hariharanand Saraswati was trespasser in the property of the Swargashram Trust, who tried to encroach upon more land, and obstructed by the applicant. It is pleaded that it is abuse of process of law on the part of the complainant to implicate the applicants in the criminal case.

There seems to be substance in the aforesaid contention of learned counsel for the applicants.

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. Summoning order dated 18.04.2011 issued by the learned Chief Judicial Magistrate, Pauri Garhwal against the applicant under Section 147/427 IPC and further proceedings of Criminal Case No. 251/2011 (State vs. Munna and others) pending before the learned Chief Judicial Magistrate, Pauri Garhwal under Sections 147/427 IPC are hereby set aside.

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.

Mahinder/

(U.C. Dhyani, J.) 08.05.2017