KULANAND GOSWAMI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This C-482 application preferred under Sec. 482 Cr.P.C. is directed against the order dtd. 30/9/2022 passed by the learned Judicial Magistrate, Ukhimath, District Rudraprayag in Criminal Case No.37 of 2022 (State vs. Kulanand Goswami), whereby, the applicant has been summoned to face the trial for the offences punishable under Sec. 465 IPC.

(2.) It needs to be mentioned at this stage that by order dtd. 20/10/2022 passed by the Coordinate Bench of this Court, an explanation was called from the concerned judicial officer for not forwarding the observations made in the judgment dtd. 29/8/2022. Pursuant to the said order, the officer concerned has submitted his explanation by his application dtd. 3/11/2022. The said grounds are found to be sufficient.

(3.) Facts in nutshell are that earlier, a Criminal Miscellaneous Application No.851 of 2022 had been filed wherein the summoning order dtd. 22/5/2022 passed by the same court was challenged; the Coordinate Bench of this Court by the judgment dtd. 29/8/2022 allowed the application and remitted the matter back to the court concerned to pass a fresh and reasoned summoning order in accordance with law. Now, by way of impugned order dtd. 30/9/2022, learned Judicial Magistrate, Ukhimath has again passed an order for summoning the accused.