Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 4433 (UTT)

SIPIYAN SINGH v. STATE OF UTTARAKHAND

C528/857/2026 · 2026-04-30

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 857 of 2026 Hon’ble Alok Mahra, J. Mr. Shivam Sharma, learned counsel for the applicant (through V.C.). 2. Mr. S.C. Dumka, learned A.G.A. for the State. 3. The present criminal misc. application is filed with a prayer to quash and set-aside the chargesheet, cognizance order dated 23.07.2012 as well as the entire proceedings of Criminal Case No. 2893 of 2013, Sate Vs. Ajay Pal and Others, pending in the court of learned Chief Judicial Magistrate, Dehradun. 4. Earlier applicant have filed a C-482 application No. 867 of 2024 seeking following reliefs:- “(i) Quash the order dated 14.08.2023 by the court of learned Judicial Magistrate-1st Dehradun in Criminal Case No. 2893 of 2013, State Vs. Ajay Pal and Others arising out of the FIR No. 139 of 2012. (ii) Quash the order dated 20.01.2024 passed by the court of learned 1st Additional Sessions Judge, Dehradun in Criminal Revision No. 202 of 2023, Sipiyan Singh Vs. State of Uttarakhand and Others. (iii) Allow the application dated 19.05.2023 filed by the applicant in Criminal Case No. 2893 of 2013, State Vs. Ajay Pal and Others under Section 239 Cr.P.C. and discharge the accused from the charges under Section 379, 411 IPC.” 5. The Coordinate Bench have dismissed the aforesaid C-482 application vide its judgment dated 02.06.2025 by holding that the Court while sitting in the inherent jurisdiction under Section 482 Cr.P.C. is not enjoined to shift the evidence between the parties and the same can be done only be the trial court. 6. Since, the Coordinate Bench have already held in the same matter that shifting the evidence between the parties shall be decided at the trial court, this Court is not inclined to make any interference in the impugned order. Accordingly, the present criminal misc. application fails and is hereby dismissed. (Alok Mahra J.) 30.04.2026 Ujjwal