IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE SHRI JUSTICE ALOK MAHRA CRIMINAL WRIT PETITION No.1397 of 2018

7^th July, 2025 Subhash Sharma. …Petitioner Versus State of Uttarakhand & another. …Respondents ----------------------------------------------------------------------

Presence: -

Mr. Rajendra Kotiyal, Mr. Ravi Joshi and Mr. Raveendra Singh Bisht, Advocates for the petitioner.

Mr. B.N. Molakhi, Deputy Advocate for the State of Uttarakhand.

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Hon’ble Alok Mahra, J.

This criminal writ petition was initially filed by the petitioner for quashing the F.I.R. No.0166 of 2018, for the offences punishable under Section 469 & 504 I.P.C. and Section 66 of Information Technology (Amendment) Act, 2000, registered at Police Station Dalanwala, District Dehradun.

2. During pendency of this criminal writ petition, the Investigating Officer submitted charge sheet against the petitioner, on 08.08.2018. A Coordinate Bench of this Court vide order dated 08.08.2019 dismissed the writ petition as infructuous on the statement made by learned State Counsel that charge sheet has been filed in the Court. Petitioner challenged the order dated 08.08.2019 before the Hon’ble Apex Court. The Hon’ble Apex Court vide order dated 30.08.2024 remanded the matter back to this Court and gave liberty to the petitioner to challenge the validity of charge sheet. Pursuant to the order passed by Hon’ble Apex Court, petitioner filed the amendment application, whereby he has sought quashing of charge sheet dated 08.08.2018 and also entire proceedings of Criminal Case No.3851 of 2018 pending in the Court of A.C.J.M, Dehradun. The said application has been allowed by this Court vide order dated 04.07.2025.

3. Facts of the case, in a nutshell, are that an F.I.R. dated 20.07.2018 was registered on the complaint moved by respondent no.3, wherein it is stated that petitioner has raised frivolous allegations against respondent no.3, who was working as an Assistant Teacher in Government Primary School Ajapur Kalan, Dehradun, regarding her educational qualification; that petitioner had twice held Press Conference i.e. on 30.06.2018 and 18.07.2018; that, in the Press Conference, petitioner alleged that respondent no.3 does not possess valid educational qualification for holding the post of Assistant Teacher.

4. This writ petition was filed in July, 2018. No interim order was granted to the petitioner. During pendency of the writ petition, the Investigating Officer submitted charge sheet on 08.08.2018, wherein charges under Sections 469, 499, 500 & 504 I.P.C. were levelled against the petitioner. After submission of the charge sheet in the Court, petitioner was heard on charges and, after hearing learned counsel for the petitioner, learned IIIrd Additional Chief Judicial Magistrate, Dehradun ordered for framing of charges under Section 504 I.P.C. and charges under Section 469, 499 & 500 were dropped and the following charge was framed against the petitioner, on 03.12.2021:

“;g fd fnukad 30&6&2018 dks le; 1-30 cts ls 2 cts nksigj dks izsl Dyc ijs.M xzkm.M nsgjknwu esa vkius yksd'kkfUr Hkax djus o izdksfir djus ds vk'k; ls okfnuh eqdnke dks xkyh&xykSp dj viekfur fd;kA bl izdkj vkius /kkjk 504 Hkk0na0l0 ds vUrxZr n.Muh; vijk/k fd;k tks bl U;k;ky; ds izlaKku ds vUrxZr gSA”

5. Mr. Rajendra Kotiyal, learned counsel for the petitioner submits that, at the time of framing of charge on 03.12.2021, learned trial Court held that, prima facie, only offence under Section 504 I.P.C. is made out against the petitioner; that, when charge was framed on 03.12.2021, a new charge has been levelled against the petitioner that on 30.06.2018, between 01:30 p.m. to 02:00 p.m. at Press Club, Parade Ground, Dehradun petitioner, with an intention of disrupting and provoking public peace, had abused and insulted the respondent no.3. Learned counsel for the petitioner submits that a bare perusal of the F.I.R. and the statements of respondent