Raghvendra Tiwari vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(UK) 297

SHARAD KUMAR SHARMA
Raghvendra Tiwari – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Applicant :Mr. Veer Kunwar Singh, Advocate
For the Respondent:Mr. T.C. Aggarwal, Deputy Advocate General, Mr. Navnet Kaushik, Advocate

JUDGMENT :

When this C482 Application was initially argued, the co-ordinate Bench of this Court had formulated the following issues, on which the learned government advocate was called upon to answer, as to how the offence under Section 500, which happens to be in the shape of a private complaint, could at all be registered as a State case. The question, as formulated by the co-ordinate Bench of this Court on 10.05.2022, is extracted hereunder:-

“The Court wanted to know from the learned counsel for the State and learned counsel for the private respondent that, as to how, on an FIR, charge-sheet may be filed for the offence punishable under Section 500 IPC?”

2. There are various rival contentions, which have been raised by the learned counsel for the parties qua their respective cases, about the sustainability of the proceedings, as a State case. In case, had it been an isolated case for conducting trial for the offence under Section 500 of IPC, which as per the IPC, it's a non cognizable and bailable offence, which is triable by the Magistrate, and there cannot be any iota of doubt as such, that had it been a case exclusively under the domain of Section 500, it should have been regi