LAWS(UTN)-2019-9-71

SUKHWANT SINGH Vs. STATE OF UTTARAKHAND

Decided On September 24, 2019
SUKHWANT SINGH Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of this application under Section 482 Cr.P.C., applicant has prayed for quashing the charge-sheet dated 03.03.2018, summoning order dated 05.03.2018 passed by In-charge Judicial Magistrate 1st Class/1st Additional Civil Judge (Sr. Division) Rudrapur, District Udham Singh Nagar in Criminal Case No. 1684 of 2018 (Case Crime No. 06 of 2018), "State v. Sameer Khan" under Sections 379 & 411 of IPC and Section 26 of Indian Forest Act, registered at P.S. Gadarpur, District Udham Singh Nagar, pending in the Court of 3rd Additional Civil Judge (Sr. Division)/Judicial Magistrate, Udham Singh Nagar.

(2.) Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon'ble Supreme Court in catena of decisions has held that the power available to High Court under Section 482 of Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category.

(3.) Accordingly, the application under Section 482 Cr.P.C. is hereby dismissed.