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2025 DAILYLAW 3464 (UTT)

BHAWANI PRATAP SINGH PANWAR AND ORS v. STATE OF UTTARAKHAND

C528/264/2025 · 2025-03-11

Alok Mahra

body2025

Judgment text

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2025:UHC:1687 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.264 of 2025 Hon’ble Alok Mahra, J. Mr. Sanjay Kumar, Mr. Bharat Bhushan and Mr. Prasanna Karnatak, Advocates for the applicants. Mr. Akshay Latwal, Brief Holder for the State of Uttarakhand. 2. In this criminal misc. application under Section 528 B.N.S.S., applicants have sought quashing of charge sheet dated 22.10.2024, summoning order dated 03.01.2025 and entire proceedings of Criminal Case No.07 of 2025 pending in the Court of learned Chief Judicial Magistrate, Tehri Garhwal. 3. It transpires that an F.I.R. was lodged by respondent no.2 against the applicants with the contention that applicants on the pretext of getting executed a sale deed of a piece of land, grabbed huge sum from the complainant and thereafter did not turn up. When complainant asked them to do needful in the matter, they threatened him of dire consequences. Upon investigation, charge sheet was filed against the applicants. Learned Magistrate took cognizance and summoned the applicants vide order dated 03.01.2025. Thus, feeling aggrieved, applicants have approached this Court. 4. Learned counsel for the applicants contends that allegations made in the F.I.R. are false and vexatious and has been lodged with a view to wreak vengeance against the applicants. He 2025:UHC:1687 further contends that applicants are innocent, therefore, summoning order and entire proceedings of aforesaid criminal case are liable to be quashed. 5. Per contra, learned State Counsel submits that evidence collected during investigation was found to be sufficient to prosecute the applicants and whether applicants are guilty or not can be decided only during trial after leading evidence. 6. Learned counsel for the applicants then submitted that all the offences are punishable for less than seven years, therefore, applicants are entitled to benefit of law laid down by Hon’ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & another, (2021) 10 SCC 773, (2022) 10 SCC 51 and 2023 SCC OnLin SC 452. 7. Accordingly, criminal misc. application is disposed of in terms of the aforesaid judgment. (Alok Mahra, J.) 11.03.2025 Arpan