C482/685/2013 of Amit Sharma Vs State Of Uttarakhand AND ANOTHER

IN THE HIGH COURT OF UTTARAKHAND ATNAINITAL

Criminal Misc. Application No. 685 of 2013 (Under Section 482 Cr.P.C.)

Amit Sharma

.…….…… Applicant

versus

State of Uttarakhand and another

………. Respondents

Mr. Mohd. Safdar, Advocate, present for the applicant. Ms. Mamta Bisht, learned Deputy Advocate General, present for the State.

Mr. Bhuwnesh Joshi, Advocate, present for the respondent no.2.

U.C. Dhyani, J. (Oral)

The applicant, by means of present application under Section 482 Cr.P.C., seek to quash the order dated 05.01.2013 passed by 3[rd] Additional Sessions Judge, Haridwar as well as the order dated 13.02.2013 passed in Criminal Complaint Case No. 904 of 2011, Deepika vs. Amit and others, pending before the Additional Chief Judicial Magistrate, Haridwar.

2. Learned counsel for the petitioner submits that learned Revisional Court may pass order, as per mandate of Section 398 Cr.P.C. while allowing the revision against dismissal of complaint. He further contends that in the present case, learned Revisional Court did not direct the Magistrate to hold fresh inquiry, rather directed the Magistrate to pass an order, in view of the observations made by the Revisional Court, which on the face of it, is beyond the scope of Section 398 Cr.P.C.

3. At the time of admission, this Court passed an interim order, vide order dated 17.07.2013 and stayed the complaint case initiated against the applicant pending before the A.C.J.M., Haridwar, District Haridwar.

4. This court finds substance in the submission of learned counsel for the applicant that if the trial against the applicant continues, the same may amount to abuse of the process of the Court.

5. In such situation, it will be futile exercise to keep the present C482 Petition pending against the applicant.

6. 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.

7. In view of the above discussion, C-482 Petition is allowed. Accordingly, the order dated 05.01.2013 passed by 3[rd] Additional Sessions Judge, Haridwar as well as the order dated 13.02.2013 passed in Criminal Complaint Case No. 904 of 2011, Deepika vs. Amit and others, pending before the Additional Chief Judicial Magistrate, Haridwar, is hereby set aside qua applicant.

(U.C.Dhyani,J.)

26.07.2017