Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1597 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No.238 of 2025 Hon’ble Alok Mahra, J.
Mr. S.S. Lingwal, Advocate for the applicant.
Mr. Akshay Latwal, Brief Holder and Mr. Devender Singh, A.G.A. for the State of Uttarakhand/respondent no.1.
2. Defects, as pointed out by the Registry, are overruled.
3. In this criminal misc. application under Section 528 B.N.S.S., applicant has sought quashing of summoning
order dated
27.09.2022. Applicant has also sought quashing of order dated 04.02.2025 passed by learned Ist Additional Sessions Judge, Udham Singh Nagar in Criminal Revision No.19 of 2024.
4. Earlier a complaint was lodged against the applicant by the respondent no.2 under Section 85(e), 85(f) and 85(g) of Employees’ State Insurance Act, 1948. Thereafter, cognizance was taken by the Magistrate and the summoning order was issued against the applicant. According to the applicant, against the summoning order dated 27.09.2022, he filed Criminal Revision No.206 of 2023. The said criminal revision has been dismissed by learned IInd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar vide order dated
23.08.2023. Thereafter, applicant filed C482 No.1956 of 2023, challenging the
order dated 23.08.2023. A Co-ordinate Bench of this Court vide order dated 03.10.2023 (as modified vide order dated 28.12.2023) set aside the order dated 23.08.2023 and
directed the learned A.C.J.M., Rudrapur, District Udham Singh Nagar to decide the criminal complaint case
2025:UHC:1597 itself on merits, as expeditiously as possible, but not later than eight months from the date of production of certified copy of the
order. Thereafter, applicant again preferred a Criminal Revision No.19 of 2024, which was dismissed by learned Ist Additional Sessions Judge, Udham Singh Nagar vide
order dated 04.02.2025, by holding that since the Hon’ble High Court have directed for expeditious disposal of the criminal complaint case vide order dated 03.10.2023 (as modified vide order dated 28.12.2023), therefore, he is unable to pass any order contrary to the direction issued by Hon’ble High Court. Hence, this criminal misc. application.
5. Perusal of the impugned order passed by learned Magistrate reveals that he has considered & discussed all relevant aspects. Thus, the view taken by the learned Magistrate, cannot be faulted. Learned Revisional Court was thus justified in dismissing the Revision Petition.
6. Even otherwise also, since the Coordinate Bench have already directed the A.C.J.M., Rudrapur, District Udham Singh Nagar to decide the aforesaid compliant case, therefore, this Court does not find any reason to interfere with the impugned orders.
7. Accordingly, the criminal misc. application fails and is dismissed.
(Alok Mahra, J.)
07.03.2025 Arpan