No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 1790 of 2025 Hon ’ble Alok Mah r a, J. Mr. S.K. Shandilya, learned counsel for the applicant. 2. Mr. B.N. Molakhi, learned D.A.G. for the State. 3. The present criminal misc. application is filed with a prayer to quash/ set-aside the chargesheet, cognizance/ summoning order dated 09.04.2024 as well as the entire proceedings of Criminal Complaint Case No. 512 of 2024, State Vs. S.I. Naveen Jural, under Section 174 of IPC, pending in the court of learned Chief Judicial Magistrate, Nainital, District Nainital. Prayer has also been made to quash/ set-aside the order dated 17.09.2025 passed by 2nd Additional Session Judge, Nainital, District Nainital in Criminal Revision No. 11 of 2024. 4. In this case, a complaint was lodged against the applicant, in which, it was mentioned that despite service of summon, the applicant failed to appear before the court for evidence as a witness. Thereafter, the learned Special Judge, Gangster Act/ Session Judge, Nainital vide its order dated 06.04.2024 passed an order that the applicant has committed an offence under Section 174 of IPC and directed the learned CJM to register a complaint case against the applicant under Section 174 of IPC. The warrant under Section 87 Cr.P.C. was also initiated. The applicant appeared on the next date fixed and got examined as a witness in the case and the said warrant were recalled vide order dated 24.04.2024. 5. Learned counsel for the applicant would submit that neither the summons issued by the Court was ever personally served to the applicant, nor applicant had any information regarding the date fixed in the matter. It is further submitted that with due permission he came to Nainital from Dehradun on 04.04.2024 in the morning and returned back on 05.04.2024 in the evening. A telephonic communication was received by the applicant that he has to depose before the court at Nainital on 06.04.2024. The Applicant tried to get permission from the higher authorities for leaving his station but that permission was not granted as such he was not able to appear, but, on the next date, he presented himself and got examined as a witness. 6. Heard learned counsel for the parties and perused the record. 7. This Court finds some force in submission made by learned counsel for the applicant. 8. Considering the aforesaid submission, under the facts and circumstances of the case and also considering the fact that there was no deliberate intention on the part of the applicant for disobeying the summons/ orders passed by the court, the present criminal misc. application is allowed. The entire proceedings of Criminal Complaint Case No. 512 of 2024, State Vs. S.I. Naveen Jural, under Section 174 of IPC, pending in the court of learned Chief Judicial Magistrate, Nainital, District Nainital and also the entire proceedings of Criminal Revision No. 11 of 2024 are hereby quashed qua the applicant. ( Alok Mah r a J.) 14.05.2026 Ujjwal