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2025 DAILYLAW 2755 (UTT)

Sapna Kashyap v. STATE OF UTTARAKHAND

C482/1714/2016 · 2025-04-08

Alok Mahra

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Judgment text

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2025:UHC:2633 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482 No.1714 of 2016 Hon’ble Alok Mahra, J. Mr. D.C.S. Rawat, Advocate for the applicant. Mr. Rakesh Kumar Joshi, Brief Holder for the State of Uttarakhand. 2. Present criminal misc. application has been by the applicant filed for quashing the impugned charge sheet, summoning/cognizance order dated 01.07.2016 as well as entire proceedings of Criminal Case No.2625 of 2016 pending in the Court of learned Additional Chief Judicial Magistrate IInd, Dehradun. 3. The case of the applicant is that she is owner of Car, bearing registration number UK07-BH-8470, which was given by the applicant to one Mr. Mohit Nawani, who is the Advisor of 20 Sutriya Karyakarm Kriyavayan Samiti, Government of Uttarakhand; that applicant was nominated as State Chairman of Mahila Morcha of National Human Rights and Crime Control Organization; that the Car of the applicant was seized on 21.02.2016 for the offences punishable under Section 207 of Motor Vehicles Act, inasmuch as, name/designation plate of 20 Sutriya Karyakarm Kriyavyan Samiti, Government of Uttarakhand was installed in the Car and, from the Car, 3 name/designation plates, namely, (i) Chairman Mahila Prakost National Human Rights and Crime Control Organization, (ii) State President, Mahila Morcha 2025:UHC:2633 National Human Rights and Crime Control Organization and (iii) Secretary, Mahila Morcha National Human Rights and Crime Control Organization were recovered and when the Officer, who seized the Car, asked the applicant to produce documents relating to aforesaid plates, she could not produce the same, as such F.I.R. was lodged against her under Sections 417, 419, 476 & 482 I.P.C. at Police Station Patel Nagar, District Dehradun. According to the applicant, on 22.02.2016, Mr. Mohit Nawani filed an affidavit before S.H.O., Patel Nagar, Dehradun stating therein that he is using the Car of the applicant and name/designation plates belong to him. 4. Learned counsel for the applicant submits that offences under Section 417 and 419 I.P.C. are not made out against the applicant, inasmuch as, she did not try to deceive anyone by making a false or misleading representation or by any other action or omission. He further submits that offence under Section 482 Cr.P.C. is also not made out against the applicant, as she has not used any false property mark. He submits that applicant has already paid the fine in respect of Challan made under Section 207 of Motor Vehicles Act. 5. Per contra, learned State Counsel submits that, during investigation, applicant could not show any documents relating to the aforesaid name/ designation plates. He further submits that applicant was misusing the aforesaid name/designation plates for her personal gains. 6. Considering the facts and 2025:UHC:2633 circumstances of the case and also considering the fact that Mr. Mohit Nawani has himself submitted an affidavit before the S.H.O., Police Station Patel Nagar, Dehradun, no offence under Sections 417, 419, 476 & 482 I.P.C. is made out against the applicant. In such view of the matter, this Court has no hesitation in quashing the impugned charge sheet, summoning/cognizance order dated 01.07.2016 passed by Additional Chief Judicial Magistrate IInd, Dehradun in Criminal Case No.2625 of 2016 and also the entire proceedings of Criminal Case No.2625 of 2016 pending against the applicant in the Court of learned Additional Chief Judicial Magistrate IInd, Dehradun under Section 417, 419, 476 & 482 I.P.C. 7. Accordingly, this criminal miscellaneous application under Section 482 Cr.P.C. is allowed. Impugned charge sheet, summoning/cognizance order dated 01.07.2016 as well as entire proceedings of Criminal Case No.2625 of 2016 pending against the applicant in the Court of learned Additional Chief Judicial Magistrate IInd, Dehradun, are hereby quashed. (Alok Mahra, J.) 08.04.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853654 45e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454 C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.04.08 16:11:10 +05'30' 2025:UHC:2633