VIVEK SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Sri D.S. patni, learned counsel for the applicant and learned A.G.A. for the State.

(2.) BY means of this fresh petition, petitioner has sought quashing of proceedings arisen out of charge sheet dated 30.8.1992 (annexure 5) registeed as Criminal Case no. 1552 of 1992 in the Court of Chief Judicial Magistrate, Nainital, State Vs. Vivek Singh.

(3.) BRIEF facts of the case are that in respect of some incident dated 12.6.1991, complainant lodged some First Information Report against present petitioner and another accused Rajeev Chaudhary, which was registered as Case Crime No. 179 of 1991, relating to offences punishable Section 307/34 of I.P.C. with Police Sation Mallital Nainital. It appears that after investigation a charge sheet was filed against petitioner Vivek Singh and co -accused Rajeev Chaudhary for their trial in respect of the offence allegedly committed by them punishable under Section 307 read with 34 of I.P.C. The Magistrate took cognizance on said charge sheet. However, meanwhile, it appears that a petition under Section 482 of Cr.P.C. (no. 3233 of 1998) was filed before Allahabad High Court by present petitioner Vivek Singh, seeking quashing of the aforesaid charge sheet. In said case, he was successful in obtaining an interim order dated 7.9.1998. However, after aforesaid petition of 1992 is received by transfer to this Court (re -registered as 133 of 2004), this Court vide its order dated 9.3.2007 dismissed the petition after hearing the parties on the round that on the basis of half beaked evidence, the innocence of the accused can not be examined in the proceedings under Section 482 of Cr.P.C. by said order, while disposing the petition under Section 482 of Cr.P.C., it is further observed that if the petitioner surrenders before the Court concerned, his bail application shall be disposed of without unreasonable delay.