RAO ARIF Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. Lalit Miglani, Advocate for the petitioner and Mr. Prabhakar Joshi, Brief Holder for the State.

(2.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioner has prayed for quashing the entire proceedings of Complaint Case No. 898 of 2009, State v. Pawan u/s 17Ka, 27, 35, 50 & 51 of Wild Life Protection Act and Section 26 of Forest Act which is pending before the Chief Judicial Magistrate, Haridwar as well as the summoning order dated 17.2.2009 passed by that court.

(3.) EVEN otherwise, the trial court will decide the case after recording the evidence of the complainant as well as of the accused and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under Section 482 CrPC, the High Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of trial court. If the allegations made in the FIR and the evidence collected by the Investigating Officer and the statements of witnesses recorded by the I.O. during the course of investigation are taken at their face value and accepted in their entirety, I am of the view that the petitioners have rightly been summoned by the trial court. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of Court.