SHAILENDRA SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application under Section 482 of Cr.P.C., seeks to quash the order dated 10.10.2014, passed by Ist Addl. Sessions Judge, Nainital, in Sessions Trial no. 189 of 2013, State vs Dharnidhar Sharma and others, under Sections 302, 506 IPC read with Section 34 IPC and Section 30/27 of Arms Act, as well as the entire proceedings of aforesaid sessions trial.

(2.) ACCUSED Dharni Dhar Sharma, Dhirendra Sharma and Shaleen Sharma are facing trial for the offences punishable under Sections 302, 506 IPC read with Section 34 IPC and Section 30 / 27 of the Arms Act in the court of I Addl. Sessions Judge, Nainital. In such sessions trial, evidence of PW1 Chhaya Devi was recorded on 12.09.2014 and 15.09.2014. In her deposition, which was recorded on 12.09.2014, PW1 stated that on the exhortation of Dharni Dhar, Dhirendra and Shailendra, Shaleen Sharma fired upon her son, as a consequence of which, her son sustained injuries. PW1 also deposed on 15.09.2014 that all the four accused were present at the place of incident. On the basis of such deposition, applicant Shailendra Sharma has been summoned to face the trial for the selfsame offences in exercise of jurisdiction under Section 319 Cr.P.C. by the trial court.

(3.) IT is the submission of learned counsel for the applicant that the applicant was away at Ramnagar at the time of incident, so there was no question of his being present at the place of incident at the time of occurrence. Although present applicant was named in the FIR, but the I.O. has found, during the course of investigation, that there was no involvement of the present applicant, in as much as he was not present at the time of incident, and therefore, did not submit charge sheet against him. It is also the submission of learned counsel for the applicant that learned trial court should have first satisfied itself as to whether present applicant was really present on the spot or not, and only then, it should have exercised jurisdiction under Section 319 Cr.P.C. for summoning the present applicant.