C482/369/2014 of B.k. Sahay AND OTHERS Vs State Of Uttarakhand AND ANOTHER

C-482 No. 369 of 2014 U.C. Dhyani, J.

Mr. Vivek Shukla and Mr. Bhuwanesh Joshi, Advocates for the applicants.

Mr. P.S. Uniyal, Brief Holder for the respondent State. Mr. Sanjeev Singh, Advocate for respondent no. 2.

By means of present application under Section 482 Cr.P.C., the applicants seek to quash the entire proceedings of Criminal Complaint Case No. 901 of 2013, Indu vs B.K. Sahay & others, under Sections 354, 504, 506 IPC, pending in the court of Addl. Chief Judicial Magistrate, Laksar, District Haridwar.

Admittedly, the applicants are residents of Rishikesh (Dehradun). The complaint was filed at Laksar. By the impugned order, learned Addl. Chief Judicial Magistrate, Laksar, Haridwar, summoned applicants B.K. Sahay and Kapil Tyagi to face the trial for the offences punishable under Sections 354, 504, 506 IPC. Applicant Smt. Beena Sahay was summoned to face the trial for the offence punishable under Section 506 IPC.

Learned counsel for the parties, therefore, fairly submitted that the matter needs to be remitted back to Trial Court for passing an order afresh in the light of proviso to Section 202 Cr.P.C. and the decisions of Hon’ble Apex Court in National Bank of Oman vs. Barakara Abdul Aziz and another, reported in (2013) 2 SCC (Cri) 731 and in Abhijit Pawar vs. Hemant Madhukar Nimbalkar & Anr. reported in (2017) 3 SCC 528.

The order impugned is accordingly set aside. Application under Section 482 Cr.P.C. is disposed of by remitting the matter back to the learned Trial Court for taking fresh decision in accordance with law, in the light of above.

(U.C. Dhyani, J.)

04.09.2017