Uttarakhand High Court
C482/1084/2018 on 27 March, 2026
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C-482 No.1084 of 2018
Hon'ble Alok Mahra, J.
Mr. Yogesh Kumar Pacholia and Mr. Saurabh, learned counsel for the applicant.
2. Mr. V.S. Pal, A.G.A. along with Mr. Rakesh Joshi, learned Brief Holder for the State.
3. Present application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 10.10.2017 passed by the learned Chief Judicial Magistrate, Almora in Criminal Case No. 220 of 2016, whereby the learned Magistrate allowed the application filed under Section 323 Cr.P.C. and directed that the offence under Section 304 I.P.C. be taken into consideration. The applicant has also prayed for quashing of the order dated 02.06.2018 passed by the learned Additional Sessions Judge, Almora in Criminal Revision No. 30 of 2017, whereby the revision preferred by the applicant against the aforesaid order was dismissed.
4. Learned counsel for the applicant submits that respondent no.2 lodged an F.I.R. alleging that due to the rash and negligent driving of the applicant, the vehicle met with an accident in which three persons travelling in the said vehicle died on the spot and several other passengers sustained injuries. After completion of investigation, the Investigating Officer submitted a charge-sheet against the applicant for the offences punishable under Sections 379, 304-A, 337 and 338 I.P.C., on the basis of which the learned trial court took cognizance.
5. It is further submitted that thereafter the complainant moved an application under Section 323 Cr.P.C. praying that the case be committed and cognizance be taken against the applicant for the offence punishable under Section 304 I.P.C. The learned Chief Judicial Magistrate, Almora allowed the said application vide order dated 10.10.2017. Aggrieved by the said order, the applicant preferred Criminal Revision No. 30 of 2017 before the learned Additional Sessions Judge, Almora, which too came to be dismissed vide order dated 02.06.2018.
6. Learned counsel for the applicant contends that from the allegations made in the F.I.R. and the material collected during investigation, no offence under Section 304 I.P.C. is made out, as the entire case of the prosecution is based only on alleged rash and negligent driving. It is further submitted that the application under Section 323 Cr.P.C. was allowed without there being any material on record to indicate the commission of the offence of culpable homicide. According to the applicant, the said application was primarily based upon certain observations allegedly arising from the statement of the accused recorded under Section 313 Cr.P.C. and the powers exercised under Section 165 of the Evidence Act, which could not legally form the basis for altering the nature of the offence to Section 304 I.P.C.
7. Learned counsel further submits that earlier a Coordinate Bench of this Court, vide order dated 22.02.2019, had kept in abeyance the non-bailable warrant issued against the applicant. However, on 15.05.2024, when the matter was listed, the applicant could not appear before the Court due to personal reasons, as a result of which the present application came to be dismissed in default. Consequently, the trial court proceeded with the matter and issued a non-bailable warrant against the applicant.
8. It is further submitted that thereafter the Coordinate Bench of this Court, vide order dated 06.09.2024, restored the present application under Section 482 Cr.P.C. and again kept in abeyance the non-bailable warrant issued against the applicant, with the expectation that the applicant would file certified copies of all relevant documents by the next date of listing. It is stated that in the meantime the case has been committed to the Court of Session and is now pending as Sessions Trial No. 8 of 2024 before the learned Sessions Judge, Almora, where the matter is presently fixed for framing of charges. It is contended that unless interim protection is granted, the very purpose of filing the present application under Section 482 Cr.P.C. would be frustrated.
9. Having heard learned counsel for the applicant and considering the submissions made, particularly the fact that earlier interim protection had already been granted in favour of the applicant, this Court is of the view that, in the interest of justice, further proceedings of Sessions Trial No. 8 of 2024 pending before the Court of learned Sessions Judge, Almora shall remain stayed till the next date of listing.
10. List this case on 16.04.2026.
11. Meanwhile, objections, if any, may be filed.
(Alok Mahra J.) 27.03.2026 Mamta