C482/990/2018 of Mohar Singh AND OTHERS Vs State Of Uttarakhand AND ANOTHER

C482 No.990 of 2018 Hon’ble V.K. Bist, J.

Mr. Desh Raj, Advocate for the applicants.

Mr. S.S. Adhikari, A.G.A. with

Mr. P.S. Uniyal, Brief Holder for the State of Uttarakhand.

Heard learned counsel for the parties.

This criminal misc. application has been filed by the applicants to quash/set-aside the impugned charge-sheet dated 09.4.2017, impugned summoning order dated 19.8.2017, passed by the learned Additional Chief Judicial Magistrate, Laksar, District Haridwar and entire proceeding of Criminal Case No.583 of 2017, “State vs. Mohar Singh & others (Case Crime No.97 of 2017, under Section 147, 148, 149, 452, 323, 504, 506 & 325 of IPC, registered at P.S. Kotwali Laksar, District Haridwar), pending before the learned Additional Chief Judicial Magistrate, Laksar, District Haridwar. Earlier the FIR was registered by respondent no.2, alleging therein that the complainant along with his family was at his house, then the applicants entered into the house of complainant and started abusing the complainant and his family members, when they opposed, then they started to say that why you permit the Ox to walk on our fields and then started to beat with sharp edged weapon and sticks. It is further alleged that applicant no.2 with the sharp edged weapon assaulted the head of the complainant, due to which

complainant got injured severely. It is also alleged that when family members of the complainant opposed the applicants, then Sonu, Mohar Singh, Maniram & Krishan Pal caused severe injured to Nirjo, Neetu, Umesh & Chotu by stick. On shouting of complainant, the nearby people came on the spot then the applicants went and threatened the complainant to kill on getting occasion. Investigating Officer filed charge-sheet against the applicants. Same was accepted by the Court. Thereafter, cognizance was taken by the Magistrate and the summoning order was passed. Against the said order, criminal misc. application has been filed by the applicants.

Learned counsel for the applicants submitted that applicants have falsely been implicated in the instant case. He further submitted that entire prosecution story is highly doubtful and prima facie seems to be false and concocted.

I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record. In my view, this is not fit case where process of law has been misused. The Hon’ble Supreme Court in catena of judgments has held that the High Court should interfere in rare cases. This Court does not find that this case comes under that category. The applicants should appear before the Court concerned

and should say whatever they want to say.

The petition is dismissed. Learned counsel for the applicants then prayed that the applicants will surrender before the Courts below and will move the bail application and the Courts below may be directed to decide his bail application same day.

In my view, every bail application should be considered and decided by the learned Courts below without any unreasonable delay; but, needless to say that it should be decided strictly in accordance with law.

Considering the submission of learned counsel for the applicants, it is observed that in case applicants surrender and move bail application, the same shall be decided by the concerned Courts, expeditiously, on the same in preferably day accordance with law.

(V.K. Bist, J.)

19.6.2018

A.kaur