Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1868 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. 328 of 2025 Hon’ble Vivek Bharti Sharma, J.
Mr. M.C. Kandpal, learned Senior Counsel assisted by Mr. A.K. Tripathi, counsel for the petitioner/accused.
2. Mr. Pratiroop Pande, learned A.G.A. for the State.
3. This petition is filed under Section 528 B.N.S.S. to quash the charge sheet dated 05.03.2021, summoning
order dated 20.09.2023 issued in Criminal Case No. 1178 of 2023 by Additional Chief Judicial Magistrate, Laksar, District Haridwar as well as entire proceedings of the aforesaid criminal case.
4. Learned senior counsel for the petitioner/accused would submit that an F.I.R. is filed by the respondent no.2/complainant with the allegation that the petitioner/accused got the Government Service in the Education Department as Teacher by moving fabricated domicile certificate at the time of his appointment; that, after completion of the inquiry, the petitioner/accused was terminated from the service.
He would further submit that the petitioner/accused has filed a writ petition before this Court, which has been dismissed; that, feeling aggrieved by the same, the petitioner/accused also filed a special appeal before the Division Bench of this Court, which was also dismissed.
He would further submit that the petitioner/accused is unnecessarily being harassed as petitioner/accused is facing both
2025:UHC:1868 civil and criminal proceedings.
5. Learned State counsel would vehemently oppose the said submission and would submit that the allegations leveled against the petitioner/accused are not private and have a serious impact upon the society; that, if an act of a person gives rise to a criminality and an offence has been made out against the petitioner then the petitioner/accused cannot make the submission that he has filed a special appeal before the Division Bench, therefore, the petitioner/accused is not entitled to get any relief by this Court.
6. At this stage, learned Senior Counsel seeks permission to withdraw the present petition.
7. The request is not opposed by learned State counsel.
8. Accordingly, the present petition is dismissed as withdrawn.
9. Copy of the order be sent to the court concerned for perusal.
(Vivek Bharti Sharma, J.)
18.03.2025 Mamta
2025:UHC:1868