2025:UHC:5805 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 1209 of 2022 02nd July, 2025 Sukhvinder Singh ………..Applicant Versus State of Uttarakhand ………Respondent ---------------------------------------------------------------------- Presence:- Mr. Mohd Alauddin, Advocate for the applicant. Mr. S.S. Chauhan, D.A.G. with Mr. Vikas Uniyal, B.H. for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present C482 application, the applicant has prayed for quashing of impugned charge sheet dated 08.02.2021, summoning order dated 15.06.2021 and entire proceedings of Criminal Case No.97 of 2021 (Crime No.145 of 2020), under Section 60(2) of Excise Act, 1910, registered at Police Station Khanpur, District Haridwar, pending in the court of learned Civil Judge (J.D.)/Judicial Magistrate, Laksar, Haridwar. 2. Facts of the case in a nutshell as per version of F.I.R. are that 22.11.2020 on a tip, S.H.O. P.D. Bhatt and his team, including S.I. Ashish Negi, raided a brick klin area where applicant-Sukhwinder Singh and others were illegally distilling alcohol. While applicant-Sukhwinder Singh was identified, he and his accomplices fled under the cover of darkness. The officers dismantled the still, seized the liquor, and collected samples and a case was registered under Excise Act, 1910 against the applicant. 3. Learned counsel for the applicant submitted that the applicant has falsely been implicated in the instant crime and has been made a scapegoat; he has not been arrested from the spot and has been roped in a false manner. It is stated that all the witnesses of the case are 1 2025:UHC:5805 Police witnesses and there is no independent witness of the alleged recovery although the place of recovery is from a highly crowded place. Although other accused persons were also present at the place of occurrence, but the Police has failed to trace them. After lodging of the F.I.R. the Investigating Officer issued notice under Section 41-A of Cr.P.C. and the applicant has complied with the said notice and has always co-operated with the investigation. 4. Learned State counsel submits that from perusal of the F.I.R., on the basis of which a charge sheet was filed after investigation, it is transpired that there are serious allegations in the F.I.R. against the applicants which issue is required to be looked into by the court of law. 5. This Court while hearing the application under Section 482 of Cr.P.C. cannot embark upon sifting of the evidence and cannot decide the disputed question of facts, which can only be decided once the evidence is adduced by the parties. Police after due investigation has submitted charge sheet against the applicant and prima facie case is made out against him. It is a trite law that the power under Section 482 Cr.P.C. shall be used sparingly in “rarest of rare cases”. This case does not fall in the category of “rarest of rare case”. 6. In this view of the matter, the C482 application is dismissed. (Pankaj Purohit, J.) 02.07.2025 SK 2