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2025 DAILYLAW 806 (UTT)

Arjun Kumar v. STATE OF UTTARAKHAND

C482/378/2015 · 2025-05-13

Alok Mahra

body2025

Judgment text

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2025:UHC:3848 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482/378/2015 Hon’ble Alok Mahra, J. Mr. M.K.Ray, learned counsel for the applicants. 2. Mr. Deepak Bisht, learned Deputy Advocate General, assisted by Mr. Akshay Latwal, learned AGA for the State. 3. By means of present C-482 Petition, the applicants seek to quash the charge- sheet, summoning order dated 12.11.2011 as well as the entire proceedings of Criminal Case No.12803 of 2013, State vs. Arjun Kumar & others, under Sections 323, 504, 506 IPC, pending before learned 1st Judicial Magistrate, Rudrapur, District Udham Singh Nagar. 5. Heard learned counsel for the parties and perused the materials available on record. 6. It is trite that the power under Section 482 Cr.P.C. has to be exercised sparingly, carefully and with caution and only to prevent abuse of process of any Court or otherwise to secure ends of justice. 7. A two Judges bench of the Hon'ble Supreme Court in (2015) 11 SCC 776 HMT Watches Limited Vs. M.A. Abida has held that inherent powers under Section 482 of the Cr.P.C. cannot be extended for determining question of facts, it is only for the Trial Court to determine the disputed questions of fact after examining the evidence on record 2025:UHC:3848 and interference by this Court with regard to factual questions is impermissible in law. 8. In the considered view of this Court, all the grounds taken in the present petition are matter of evidence which cannot be decided by this Court in this application under Section 482 Cr.P.C. 9. In view of the discussions made above and law laid down by Hon'ble Apex Court, this Court is of the considered view that it is not a fit case, in which, the High Court should exercise its inherent jurisdiction under Section 482 of Cr.P.C. 10. Accordingly, present C-482 Application lacks merits and the same is hereby dismissed. Interim order, if any, stands vacated. 11. Let a copy of this order be sent forthwith to the Court concerned for ensuring compliance. (Alok Mahra, J.) 13.05.2025 Kaushal