HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 1692 of 2022 19th May, 2025 Mohd. Umar Khan ………..Applicant Versus State of Uttarakhand ………..Respondent ---------------------------------------------------------------------- Presence:- Mr. Harshpal Sekhon, Advocate for the applicant. Mr. Vipul Painuli, A.G.A. for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present C482 application, the applicant has prayed for quashing/setting aside the impugned Charge Sheet No.2 dated 29.11.2021 arising from (F.I.R. No.193) dated 18.08.2019 registered with Police Station Jaspur, Distirct Udham Singh Nagar, under Sections 420, 467, 468, 471 and 120-B of IPC and impugned cognizance as well as summoning order dated 02.02.2022, passed by learned Judicial Magistrate, Jaspur, District Udham Singh Nagar in Criminal Case No.368 of 2022, State Vs. Mohd. Umar Khan. 2. Facts of the case in a nutshell are that applicant was running a fair price ration shop at Village Nijamgarh, Manorathpur Pratham, Police Station Jaspur, District Udham Singh Nagar. Based upon the complaint dated 29.09.2018 of villagers of the said village, District Magistrate Udham Singh Nagar cancelled the licence of the applicant’s shop vide order dated 31.12.2018. Against the said order of cancellation, the applicant approached the Commissioner, Kumaon Division by filing an Appeal No.11/2018-19 and the Commissioner vide order dated 25.04.2019 allowed the appeal and 1 cancellation order of license of the applicant of ration shop was set aside. Against the said order one Sarfaraz Ahmad filed a WPMS No.1167 of 2019 before this Court which was dismissed vide order dated 01.05.2019. Against the said dismissal a Special Appeal No.664 of 2019 was filed, which too met with the same fate of dismissal vide order dated 19.08.2019. After passing the order dated 19.08.2019 a P.I.L. No.106 of 2019 was filed against the applicant seeking a writ of mandamus directing the respondents to take appropriate action against the applicant for causing loss by lifting food grain against 191 fake ration cards and consequential reliefs. Thereafter on 18.08.2019, an F.I.R. was lodged by respondent no.2 which was registered as Case Crime/F.I.R. No.0193 of 2019 under Section 420 of IPC at Police Station Jaspur, District Udham Singh Nagar against the Village Panchayat Development Officer with the averments that 191 A.P.L/B.P.L. ration cards were fraudulently issued by the concerned Village Development Officer at Village Panchayat Manorathpur Pratham and Bhogpur, Jaspur. 3. On the aforesaid F.I.R. an investigation took place in which a Final Report No.17 of 2020 dated 12.05.2020 was submitted by the Investigating Officer, after investigation in the Case Crime No.193 of 2019, respondent no.2 filed a misc. case before the learned Judicial Magistrate, Jaspur, District Udham Singh Nagar against the final report and learned Magistrate vide its order dated 01.02.2021 rejected the said Final Report No.17 of 2020 and the Investigating Officer was directed to do further investigation on the objection raised by respondent no.2 where upon the applicant was charge- sheeted and proceeded with as stated above. 2 4. Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. and he is not the authority who issued the alleged fraudulent ration cards; investigation conducted by the Police is done in a hasty manner and without considering that the applicant was only a ration dealer and submitted the charge sheet; the learned Judicial Magistrate, Jaspur, Udham Singh Nagar without applying its judicial mind took cognizance on 02.02.2022 and summoned the applicant to face the trial. 5. Learned State counsel submits that from perusal of the FIR, on the basis of which a charge sheet was filed after investigation, it is transpired that there are serious allegations in the FIR against the applicant which issue is required to be looked into by the court of law. 6. This Court while hearing the application under Section 482 of Cr.P.C. cannot embark upon sifting of the evidence and cannot decide the disputed question of facts, which can only be decided once the evidence is adduced by the parties. Police after due investigation has submitted charge sheet against the applicant and prima facie case is made out against him. It is a trite law that the power under Section 482 Cr.P.C. shall be used sparingly in “rarest of rare cases”. This case does not fall in the category of “rarest of rare case”. 7. In this view of the matter, the C482 application is dismissed. (Pankaj Purohit, J.) 19.05.2025 SK 3