KULDEEP Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) In this case, respondent No. 2 Jitendra Verma lodged the First Information Report under Sections 352/323/380 of I.P.C. at Police Station Kotwali Laksar, District Haridwar against four accused persons. Subsequently, the case was registered as Criminal Case No. 74 of 2015, which is pending in the court of Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Laksar, District Haridwar. Thereafter, the police after investigating the matter submitted the charge-sheet against the accused persons (including present applicant) under Sections 147 / 149 / 308 / 323 / 324 / 325 / 380 / 504 / 506 / 352 / 120-B of I.P.C. before the court concerned. Consequently, the learned Magistrate has taken cognizance in the matter and issued summon against the present applicant. Hence, the applicant preferred present application under Section 482 Cr.P.C. invoking the inherent jurisdiction of this Court.

(2.) Learned counsel for the applicant submits that the present applicant was not named in the First Information Report although his name surfaced in the charge-sheet subsequently.

(3.) Considering the overall facts and circumstances of the case as well as the materials available on record, there seems to be no anomaly in the impugned summoning order. Moreover, there does not appear to be any abuse of process of court. The applicant shall appear before the court below and face the trial. This Court is not inclined to interfere in the matter, as far as the proceedings are concerned. The proceedings shall go on before the court below, in accordance with law.