The principle of vicarious liability and beneficiary status can be crucial in determining liability in criminal proceedings.

JUDGMENT :

RAKESH THAPLIYAL, J.

1. By the instant application preferred under Section 482 Cr.P.C. the applicants are challenging the order dated 08.05.2023 passed by the Additional Session Judge, Khatima, District Udham Singh Nagar in Criminal Revision No. 305 of 2022.

2. In addition to this, the applicants are also challenging the previous order dated 06.10.2022, passed by the Judicial Magistrate 1st, Khatima in Criminal Case No. 1447 of 2021, State of Uttarakhand versus Amarjeet and others, against which the revision was also rejected by order dated 08.05.2023.

3. In addition to both the orders, the applicants are also challenging the order framing charge dated 18.10.2022 passed by the Judicial Magistrate, 1st Class, Khatima, District Udham Singh Nagar.

4. Learned counsel for the applicants submits that there are no allegations against the present applicants and, in fact, on perusal of the charge-sheet, the allegations are against the father of the present applicants, namely, Kiran Talwar.

5. He further submits that the applicants are only shown to be beneficiary of certain deeds committed by their father, for which his father is already charge-sheeted.

6. He further submits that the principle of vicarious liability is not applicable in the criminal prosecution; therefore, implication of the present applicants, in this proceeding, is totally an abuse of process of law. He further submits that both the Courts below have failed to appreciate the fact that the applicants neither involved themselves in forgery nor there is any allegation against them in the finding recorded by the Investigating Officer in the charge-sheet.

7. Learned counsel for the applicants further submits that there is no allegation of forgery against the applicants and even the applicants are not the beneficiary, as this offence has not been committed by them, and, as per the charge-sheet if the offence had been committed, it was committed by the father of the present applicants.

8. It is further contended that the FIR was lodged by one Kashmir Singh on 07.11.2020 at Police Station Jhankaiyan of District Udham Singh Nagar, bearing FIR No. 0136 of 2020, whereby total 15 persons were implicated including the present applicants as well as father of the present applicants.

9. In this FIR, the investigation was carried out, and, thereafter, the charge sheet was filed on 19.09.2021, against all the applicants except those, who died during investigation. Charge sheet was filed in respect of the offences punishable under Sections 120-B, 420, 467, 468 and 471 IPC. In the said charge-sheet, the cognizance was taken, and on 06.10.2022, the order for framing the charge was passed by the learned Judicial Magistrate, 1st Class, Khatima, District Udham Singh Nagar. Thereafter, on 18.10.2022, the charges were framed by the learned Judicial Magistrate, Ist, Khatima. Against framing of charges, a Criminal Revision No. 305 of 2022, was preferred before the Additional Sessions Judge, Khatima, and the said revision was dismissed on 08.05.2023. Being aggrieved with the framing of charges, the present C-482 application has been preferred.

10. Learned counsel for the applicants further submits that after submission of the charge-sheet, the applicants applied for bail before this Court, wherein, an undertaking was given by them that they will file an application before appropriate forum for cancellation of the will in-question regarding which the FIR has been lodged. Thereafter, on such undertaking, the applicants were enlarged on bail. The relevant extracts of the order, whereby bail has been granted, are being extracted herein-below:

“The learned counsel for the applicant is ready to give undertaking before the Court that the applicant will file an application before the appropriate Forum for cancellation of the will executed by Kiran Talvaar (father of the present applicant) within 15 days from the date of her release.

As per the undertaking given by learned counsel for the accused on behalf