2025:UHC:4626 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 2419 of 2023 Pushpesh Sanga --Applicant Versus State Of Uttarakhand and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Suresh Chandra Bhatt, learned counsel for the applicant. Mr. Vikas Uniyal and Ms. Sweta Badola Dobhal, learned Brief Holders for State of Uttarakhand/respondent No.1. Hon’ble Pankaj Purohit, J. (Oral) Heard learned counsel for the parties. 2. By means of the present C482 application, applicant has put to challenge the charge-sheet dated 07.02.2023, summoning order dated 23.03.2023 in Criminal Case No.1381 of 2023 State of Uttarakhand Vs. Pushpesh Sanga, passed by learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, for the offences punishable under Sections 186, 323, 353, 504 and 506 IPC, as well as the entire proceedings of the aforesaid Criminal Case. 3. The present C482 application was filed on 10.12.2023 and since then, even notice has not been issued to respondent No.2. 4. The First Information Report was lodged by the respondent No.2, who was Principal of the School, in Police Station Banbhoolpura, Haldwani, District Nainital alleging therein that on 20.03.2021, applicant came to school at 02:15 PM to inspect the documents related to 1 2025:UHC:4626 Samagra Shiksha, but without his permission, he entered his room and tried to make a video; on refusal, applicant abused and attacked the Principal, CCTV recording of the said incident is also available. After investigation, charge-sheet has been submitted by the police on 07.02.2023 under the aforesaid Sections. Vide order dated 23.03.2023, cognizance was taken by the Additional Chief Judicial Magistrate, Haldwani, District Nainital and the applicant was summoned. 5. It is contended by learned counsel for the applicant that the applicant is presently posted as Lecturer (Biology) in G.I.C. Guniyalek, District Nainital and earlier he was posted in G.I.C. Banbhoolpura, Haldwani, District Nainital and he always worked for poor students and social cause of teachers, when it came to knowledge of the applicant that the respondent No.2 (Principal) was continuously doing embezzlement, after the rigging in mid-day-meal scheme, he asked the information regarding the use of funds allocated to the School under the Samagra Shiksha Abhiyan and huge irregularities came to the light. The applicant also asked the information under R.T.I. Act to Public Information Officer (PIO)/Principal G.I.C. Banbhoolpoora, regarding the purchased material and stock register by the respondent No.2 and the P.I.O./Principal, sent a letter to applicant on 04.03.2021 and permitted him to get information from Samagra Shiksha Abhiyan Stock Register. Thereafter, the applicant gave his consent and stated that he would come on 22.03.2021 for getting the said information. When he entered the office of P.I.O., neither any documents were shown to him nor prepared the inspection report, and started abusing the applicant and threatened him. 2 2025:UHC:4626 6. It is further contended by him that the first information report has been lodged by the respondent No.2 in counterblast of his FIR lodged against the respondent No.2, wherein, it was alleged that after calling for collecting the information, the Principal had assaulted him and after assaulting by the Principal, his blood was oozing from the nose and mouth; he called the Police in 112 emergency number and he was medically examined in Soban Singh Jeena Base Hospital, Haldwani. It is also contended by him that the Police did not lodged the FIR of applicant and on his complaint, it was registered as N.C.R., due to pressure of respondent No.2; even the Police ignored the Medical of the applicant and tried to dilute the matter for saving the Principal- respondent No.2. 7. Learned counsel for the applicant submits that Police had lodged false FIR along with wrong facts and date incident against the applicant; on the wrong FIR, the charge-sheet has been submitted against the applicant after one year and ten months; in the complaint of the applicant, till date investigation has not completed by the Police even FIR was not registered against the respondent No.2, which is absolutely abuse of process of law and further the learned Magistrate has also summoned the applicant in a cursory manner. 8. Having heard the learned counsel for the applicants and on perusal of the FIR and other documents available on record, since, the first information report was lodged and investigated and after investigation, charge-sheet has been submitted, this Court doesn’t want to interfere in the matter on such a flimsy ground. This Court under Section 482 of Cr.P.C. 3 2025:UHC:4626 cannot embark upon a fact finding inquiry which can only be done by the learned Trial Court. The allegations and counter allegations can only be proved in the learned Trial Court by adducing evidences by both the parties. This case does not fall in the ‘rarest of rare’ category for invoking the inherent powers of this Court. Accordingly, the present C482 application is dismissed. 9. Interim order dated 15.12.2023 stands vacated. (Pankaj Purohit, J.) 06.06.2025 PN 4 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe3 8331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81F AE064498483A83D84BDB0F9229D5BF08D959A C, cn=PREETI NEGI Date: 2025.06.09 16:29:26 +05'30'