IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application(C-482) No. 168 of 2021

Dilbag Singh

.......….......Petitioner

vs.

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

2

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 a 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 a situation it

becomes the job of the investigating authority at such

3

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 heari