Uttarakhand High Court
Singh & Another vs The on 11 October, 2022
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
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C-482 No. 382 of 2020
Hon'ble Sharad Kumar Sharma, J.
Mr. Lalit Sharma, Advocates, for the applicant.
Mr. Pratiroop Pande, A.G.A. for the State of Uttarakhand.
Ms. Seema Dhingra, Advocate holding brief of Mr. Sanpreet Singh Ajmani, Advocate for private respondents.
By means of this C-482 application, the applicants had prayed for quashing of the order dated 24.02.2020, which was passed by learned Sessions Judge, Nainital in Criminal Revision No. 29 of 2020 "Gopal Singh & another Vs. State & another".
The respondents, namely, Gopal Singh Negi and Pradeep Singh Negi, on 24.01.2020, had filed a Criminal Misc.
application being C-482 Application No. 219of 2020 "Gopal Singh Negi and another Vs. State of Uttarakhand and others" wherein they have prayed for the following reliefs:
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash and set aside the chargesheet dated 06.07.2019 in case crime no. 7669 of 2019 and summoning order dated 13.11.2019 passed by learned Chief Judicial Magistrate, Haldwani in Criminal Case No. 7669 of 2019 "State Vs. Gopal Singh Negi and others under Section 420, 504, 506 of I.P.C., P.S. Haldwani, District Nainital, pending before the Court of learned Chief Judicial Magistrate, Haldwani, District Nainital during the pendency of the present criminal misc. application.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceeding of criminal case no. 7669 of 2019 and summoning order dated 13.11.2019 passed by learned Chief Judicial Magistrate, Haldwani in Criminal Case No. 7669 of 2019 "State Vs. Gopal Singh Negi and others under Section 420, 504, 506 of I.P.C., P.S. Haldwani, District Nainital, during the pendency of the present criminal misc. application, otherwise the applicants shall suffer irreparable loss and injury."
During the pendency of the aforesaid C-482 application, a withdrawal application being Withdrawal Application No. 2875 of 2020, was filed by the present applicants on 20.02.2020, seeking withdrawal of the C-482 Application No. 219 of 2020.
The aforesaid withdrawal application and C-482 Application No. 219 of 2020, remained pending, when the applicants filed a criminal revision under Section 397 of the Code of Criminal Procedure, being Criminal Revision No. 29 of 2020 "Gopal Singh Negi & another Vs. State of Uttarakhad and others, praying for the following reliefs:
"It is therefore most respectfully prayed that this Hon'ble Court may very graciously be pleased to set aside the Summoning Order dated 13.11.2019 passed by the Learned Additional Chief Judicial Magistrate, Haldwani in Criminal Case No. 7669 of 2019 "State V. Gopal Singh Negi and Anr. u/s 420, 504, 506 I.P.C. otherwise the revisionists shall suffer irreparable loss and injury."
In case, if the relief of the earlier C- 482 application, and the criminal revision preferred before the learned Districts and Sessions Judge, Nainital are considered, the relief sought for, was similar in nature, challenging the summoning order dated 13.11.2019. The revisions, which was instituted before the court of District and Sessions Judge, Nainital on 24.02.2020, and the same was accompanied with a delay condonation application.
The learned District and Sessions Judge, Nainital, without even issuance of notices on the delay condonation application, and without even hearing the applicants, by the impugned order dated 24.02.2020, had condoned the delay, and not even that the revisional court has proceeded to grant an interim order to following effect:
ÞfuxjkuhdrkZ }kjk LVs izkFkZuki= 10[k bl vk'k; ls fn;k x;k gS fd nkSjku fuxjkuh voj U;k;ky; esa yafcr QkStnkjh okn la[;k&7669@2019 ljdkj cuke xksiky flag usxh dh vfxze dk;Zokgh LFkfxr dh tk;A lquk rFkk i=koyh dk voyksdu fd;kA fu;r fnukad rd voj U;k;ky; esa yafcr mDr okn dh vfxze dk;Zokgh LFkfxr dh tkrh gSÞ At the stage when the criminal revision was filed, at the stage when the delay was condoned by the learned District and Sessions Judge, Nainital, the earlier instituted C-482 Application No. 219 of 2020, was still pending consideration before this court, no litigant under law could be permitted to have different recourse for the remedy of his grievances, simultaneously before two forums, when the earlier forum, which he has invoked by filing C-482 application, on 24.01.2020, was pending consideration along with a withdrawal application dated 20.02.2022, the filing of a revision immediately after couple of days of filing of the withdrawal application, on 24.02.2020, was nothing but, rather an abuse of process of court, and, what is more remarkable is that even the District and Sessions Judge, Nainital had proceeded to not only condoned the delay by the impugned order dated 24.02.2020, but had rather proceeded to grant an interim order vide its order dated 24.02.2020, on the very date of inception of criminal revision; no interim order could have been granted without hearing the opposite party, on the delay condonation application.
Since, the respondents had not approached with clean hands to the remedy available to them under law by preferring simultaneous proceeding for the same relief, before the different court is nothing, but apparent abuse of process of law.
In that eventuality, this Court has got no other option, except to allow the present C-482 application. Hence, the C-482 application is allowed, and as a consequence thereto, the impugned order dated 24.02.2020, which has been passed by the learned District and Sessions Judge, Nainital in Criminal Revision No. 29 of 2020 "Gopal Negi and another Vs. State of Uttarakhand and others" would hereby stand quashed.
(Sharad Kumar Sharma, J.) 11.10.2022 Mamta