Uttarakhand High Court
C482/1317/2021 on 26 September, 2024
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes,
SL. Date reports,
No. orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
C482 No. 1317 of 2021
Hon'ble Rakesh Thapliyal, J.
1. Mr. Navneet Kaushik, learned counsel for the applicant.
2. Mr. B.C. Joshi, learned A.G.A. and Mr. Akshay Latwal, learned Brief Holder for the State.
3. An FIR was lodged on 07.08.2018 at P.S. Jhabrera District Haridwar bearing FIR No. 0175 of 2018, by one Ranvir Singh against 17 persons for the offences punishable under Sections 307, 332, 504, 506, 34 IPC read with Section 4/21 of Mines and Minerals (Development and Regulations) Act, 1957, in which after thorough investigation charge sheet was filed on 23.02.2019 for the offences punishable under Sections 307, 332, 504, 506, 34 IPC, in which after taking cognizance the applicant have been summoned on 23.07.2019. Thereafter, by Government Order dated 10.06.2020, the District Magistrate, Haridwar was informed about withdrawal of the proceeding and the prosecution was directed to move an application under Section 321 Cr.P.C., in the court concerned for withdrawal of the proceeding. In this Government Order it is also mentioned that the withdrawal of the proceeding shall not be treated as precedent in other cases. This order further reflects that the said decision for withdrawal of the proceeding was taken in public interest.
4. Pursuant to the aforesaid Government Order dated 10.06.2020, the District Magistrate, Haridwar directed the Joint Director (Prosecution) Haridwar that appropriate application be moved in the Trial Court. Thereafter, the Assistant District Government Counsel (Criminal) Roorkee, Haridwar moved an application on 08.09.2020, in the court of Addl. District and Session Judge, Roorkee, under Section 321 Cr.P.C., wherein reference of the G.O. dated 10.06.2020 as well as the order passed by the District Magistrate on 18.06.2020 has been given. Copy of this application is enclosed as Annexure 7. Thereafter, application moved under Section 321 Cr.P.C., was rejected by the 1st Addl. Session Judge, Roorkee Haridwar on 26.09.2020, on the ground that no specific ground has been taken by the prosecution in the application moved under Section 321 Cr.P.C.
5. A detailed counter affidavit has been filed by respondent no. 1 wherein categorical statement has been given that after thorough investigation and after collecting credible evidence charge sheet was filed and submits that the Trial Court rightly rejected the application moved under Section 321 Cr.P.C., by observing that offences are made out.
6. This Court on 24.09.2024, directed the State Government to produce the original record, however, in compliance thereto, though, original record has not been furnished but certain instructions and documents were placed before this Court. One such letter is the letter of Assistant DGC (Criminal) Roorkee, Haridwar Mr. Virendra Pundir wherein he has stated that this is not a case which should be withdrawn in public interest. With this opinion, S.S.P. Haridwar was also agreed and he strongly opposed the withdrawal application and not only this even the District Magistrate, Haridwar was also agreed with the opinion of Assistant D.G.C. Mr. Virendra Pundir.
7. In response to this, Mr. Navneet Kaushik, learned counsel for the applicant submits that this letter is prior to the date when the G.O. was issued, i.e, 10.06.2020, and, as such, it has no relevancy.
8. This Court is not convinced with the argument of Mr. Kaushik, since before withdrawal, the then Assistant DGC Virendra Pundir, SSP, Hardiwar and District Magistrate, Haridwar opined that this case should not be withdrawn in the public interest, despite this by G.O. dated 10.06.2020, Government decided to withdraw the trial with a direction to the District Magistrate to move an application for withdrawal of prosecution under Section 321 Cr.P.C
9. Now the question is when the Assistant D.G.C., Senior Superintendent of Police Haridwar and District Magistrate, Haridwar opined that the trial should not be withdrawn then on what basis the Government despite their opinion by G.O. dated 10.06.2020 decided to withdraw the said proceeding.
10. Put up this matter on 01.10.2020.
11. On that day the State Counsel will produce the original record in relation to G.O. dated 10.06.2020.
12. Let a copy of this order be supplied to the State Counsel today itself.
(Rakesh Thapliyal, J.) 26.09.2024 Parul