C482/168/2021 of DILBAG SINGH Vs STATE OF UTTARKAHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

-Criminal Misc. Application(C482) No. 168 of 2021

Dilbag Singh

.......….......Petitioner

State of Uttarakhand and another ……...Respondents

Mr. S.K.Mandal, learned counsel for the petitioner. Mr. Pratiroop Pande, AGA for the State.

Hon’ble Narayan Singh Dhanik, J. (Oral)

By way of present application, moved under Section 482 of Cr.P.C. the applicant seeks to quash the summoning order dated 14.08.2020 as well as the entire proceedings of criminal case no. 3167 of 2020, State vs. Hardeo Singh and another, arising out of FIR No. 273 of 2020, for the offence punishable under Sections 307, 323, 504, 506, 188, 332, 353, 269, 270 IPC, registered at PS Rudrapur, District Udham Singh Nagar, pending in the Court of learned Court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

2. Learned counsel for the applicant submits that the name of the applicant has been roped into on the basis of suspicion and village party-bandi; neither any specific role has been assigned nor any weapon has been recovered from the applicant; the complainant has not sustained any injury nor he has been medically examined on 17.05.2020 at any hospital; even, they have not been examined in any Government Hospital; in the night of the incident, the police personnel had consumed heavy liquor and were in intoxication position; the applicant surrendered on

20.05.2020 and no recovery was made from his possession; in fact, no incident took place and the medical report are prepared on the basis of self-inflected injuries; the alleged injuries are neither grievous in nature nor dangerous to life. Further, according to the prosecution case, the injuries were sustained by knife by any police personnel. It is further submitted that no intention and motive to kill has been shown. Learned counsel also submits that there is different in the manner and time of the incident, which makes the prosecution story doubtful.

3. Per contra, learned State counsel submits that the Police collected credible evidence against the applicant in the form of the injured eye-witnesses, namely, Constable Aasif and Constable Arjun. Medical evidence and recovery of weapon used in the commission of crime is also on record. Learned Trial Court after applying its judicial mind, summoned the applicants to face trial. Further, there is credible evidence on record that when the applicant was stopped on the fateful day along with his companion, they attacked the police personnel with knives and caused grievous injuries. It is also submitted that applicant relies on village party-bandi, but fails to bring on record any documentary evidence to this effect.

4. Learned AGA placed reliance upon judgement of Hon’ble Apex Court, namely, Dineshbhai Chandubhai Patel vs. State of Gujarat and others, reported in (2018) 3 Supreme Court Cases 104. In this judgement Hon’ble Apex Court in para 30 and 31 has held as follows:

“30. At this stage, the High Court could not appreciate the evidence nor could draw its own inferences from the contents of the FIR and the material relied on. It was more so when the material relied on was disputed by the complainants and vice versa. In such situation it becomes the job of the investigating authority at such

stage to probe and then of the court to examine the questions once the charge-sheet is filed along with such material as to how far and to what extent reliance can be placed on such material.

31. In our considered opinion, once the court finds that the FIR does disclose prima facie commission of any congizable offence, it could stay its hand and allow the investigating machinery to step into initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code.”

5. Upon hearing learned counsel for the parties and perusing the records, this Court is of the view that the petition being devoid of merit is liable to be dismissed.

6. The same is accordingly dismissed. Needless to say that the applicants are at liberty to raise all their contentions at the stage of framing of charge before the learned court below.

Kaushal

(Narayan Singh Dhanik, J.) 23.09.2021