C482/876/2011 of SARDAR IQBAL SINGH AND ORS Vs STATE OF UTTARAKHAND AND ANR

C-482 No. 876 of 2011U.C. Dhyani, J.

None

Mr. Ramji Srivastava, Advocate for

the petitioners.

Mr. G.S. Negi, and Pramod Tiwari, Brief Holders for the State/respondent no.1.

No representation for the respondent no. 2.

By means of this present petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of summoning order dated 24.06.2011, in criminal case no. 4974 of 2011, State vs. Sardar Iqbal Singh and others, relating to offences punishable under Sections 323 and 506 of IPC, learned Addl. Chief Judicial Magistrate, Dehradun.

Notice was issued to respondent no. 2. None has turned up on behalf of respondent no. 2 despite personal service of notice upon the said respondent.

It appears that the complainant is not interested in prosecuting the accused/applicants.

Learned counsel for the petitioners submitted that petitioners run an Institution known as Shivalik International School of Dehradun. It is pointed out that on 18.02.2011, at about 5.10 p.m., when petitioner no. 1 Sardar Iqbal Singh came to know that boy is indulged in making obscene acts against two girls, near the gate of the school, he (petitioner no.1) tried to intervene, and the boy left the place, after hurling abuses at him. Petitioner no. 1 lodged First Information Report/Crime No. 48 of 2011 against unknown boy relating to offences punishable under section 294 and 504 of IPC, on 19.02.2011. It is contended on behalf of the petitioners that as counter blast to said FIR, respondent no. 2, Smt. Shantona Sahni (mother of the boy) lodged First Information Report in question implicating the

petitioners to pressurize them in the FIR, lodged against her son. It is argued that it is abuse of process of law on the part of the respondent no. 2 to implicate the petitioners in the criminal case. There seems to be substance in the contention of learned counsel for the petitioner.

It will be futile exercise to keep petition under Section C-482 Cr.P.C. pending.

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.

When the foundation of criminal offence is not laid against the present applicant, the Court can intervene in exercise of jurisdiction under Section 482 Cr.P.C.

The petition under Section 482 of Cr.P.C. is, therefore, allowed. The criminal proceedings of summoning order dated 24.06.2011, in criminal case no. 4974 of 2011, State vs. Sardar Iqbal Singh and others, relating to offences punishable under Sections 323 and 506 of IPC, learned Add. Chief Judicial Magistrate, Dehradun are 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 her to move for recall of this order, if she feels aggrieved with the same.