2025:UHC:1982 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/302/2025 Hon’ble Vivek Bharti Sharma, J. Mr. Akshay Pradhan, learned counsel for the petitioner. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. Present petition under Section 528 B.N.S.S. is filed for quashing of the charge sheet dated 15.05.2021 and cognizance/summoning order 21.05.2021 passed by learned Chief Judicial Magistrate, Chamapawat in Criminal Case No. 339 of 2023 as well as entire proceedings of the aforesaid criminal case. 4. Counsel for the petitioner/accused would submit that entire proceedings against the petitioner/accused are unfounded and misconceived for the reasons that the investigation has not been done in a proper manner and the Investigating Officer filed the charge sheet wrongly under Section 406 and 408 I.P.C. for a single alleged offence; that, no person can be summoned or punished twice for the same alleged offence, particularly, under two different Sections, when both Sections deal with offence of the same nature, therefore, the entire criminal proceedings are unsustainable in the eyes of law and same are liable to be dismissed. 5. Per contra, learned State counsel would submit that this petition is filed after three years of passing the impugned summoning order; that, the charge sheet could be filed under a number of the Sections as per law. He would further submit that when there 2025:UHC:1982 is a doubt in the mind of the Court that whether the accused had committed the offence in one Section or the other Section even the charges can be framed in both the Sections alternatively, that, the other grounds taken in the petition are matter of trial, therefore, the summoning order cannot be quashed on that point only. 6. Perused the record in the light of above submissions made by counsel for the parties. 7. This Court is of the considered view that the power entrusted with the High Court under Section 528 B.N.S.S. is to do justice when there is illegality on the face of the record itself or no case is made out, but, the present case is not a fit case for quashing the charge-sheet and criminal proceedings stated above. 8. Accordingly, the C-528 petition is dismissed in limine. (Vivek Bharti Sharma, J.) 20.03.2025 Mamta 2025:UHC:1982