Uttarakhand High Court
Mohd. Junaid & Another ... vs State Of Uttarakhand And Another on 26 August, 2022
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Misc. Application No. 1416 of 2019
(Under Section 482 of Code of Criminal Procedure)
Mohd. Junaid & another .......Applicants
Vs.
State of Uttarakhand and another .....Respondents
Mr. Kaushal Sah Jagati, Advocate, for the applicants. Mr. V.S. Rathore, A.G.A. along with Mr. Pramod Tiwari, Brief Holder for the State of Uttarakhand.
Hon'ble Sharad Kumar Sharma, J An F.I.R. was registered by respondent no.2, being F.I.R. No. 34 of 2018, dated 18.04.2018, by naming the accused persons therein, as against whom the set of allegations were leveled, with regards to eloping with the sister of the complainant Miss Riya Bisht, the incident is said to have chanced, when she was on her way to attend her educational institution i.e. Graphic Era University, Bhimtal.
2. The incident has chanced on 18.04.2018, and ever since then the victim Riya Bisht@Shweta Bisht didn't return back to her residential home of parents. During the course of investigation, the name of the present applicants reveal that they were found to be instrumental in identifying the victim Miss Riya Bisht and Danish, when she was taken to Gaziabad against her will for getting the Nikahnama executed and later to get it registered and its at that stage, that the present applicant are said to have identified the two persons and consequently a charge-sheet was submitted against the present applicant being Charge-Sheet No. 51A of 2018, on 17.02.2019, wherein by the Investigating Officer, it was observed that during the course of the investigation 2 Mahak Khan and Danish Khan, that the named accused persons in the F.I.R., had observed that the present applicants have conspired amongst each other, to take the victim Miss Shweta Bisht from Bhimtal to Delhi, and to get her marriage registered at Gaziabad. As a consequence thereto the Investigating Officer has observed that the offences under Sections 366, 120-B, 420, 466, 467, 468, 469 & 471 of I.P.C. stood established as against the present applicants, being instrumental in facilitating the commission of offence.
3. On submissions of the charge-sheet, the cognizance have been taken by the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, by registering the Criminal Case No. 2091 of 2019 "State Vs. Junaid Khan and another", in which the summoning order has been issued on 10.05.2019. The aforesaid summoning order was put to challenge by the present applicant by filing the present C-482 application on 01.08.2019, and as per the order-sheet, ever since its institution on 02.08.2019, it was never argued and only instructions were directed to be called from the Government Advocate.
4. The learned counsel for the applicants have filed an urgency application being IA No. 1 of 2022, praying that the matter may be taken up today itself, hence, while allowing the urgency application, he was called upon to address the Court, on its merits.
5. During the course of arguments, the learned counsel for the applicant has submitted that they cannot be said to be at all involved in commission of the alleged 3 offences, with regard to the commission of the nature of offences, as complaint of against them and as it has been investigated upon by the Investigating Officer, by submission of the charge-sheet, they are not instrumental in conspiring with the named accused persons for taking the victim to Delhi for the purpose of solemnization of marriage, against her wishes. The factum of wishes, whether it was voluntarily extended by the victim Miss Shweta Bisht, could very well be culled out from the judgment of the Hon'ble Apex Court, as rendered in Writ Petition (Criminal) No. 108 of 2018 "Mohd. Danish Vs. State of Uttarakhand and another", wherein, in a habeas corpus petition, preferred by Mohd. Danish the accused person and alleged husband, the Hon'ble Apex Court felt it necessary to interact with the victim, who was produced before the Hon'ble Apex Court, wherein after various queries made by the Hon'ble Apex Court, she had unequivocally submitted that she intends to stay with accused. In view of the aforesaid, the writ petition preferred by Mohd.Danish, was dismissed.
6. So far as the act of wrongful identification and the consequential summoning of the present applicant is concerned by the learned court, for trying them for the offences of having conspired for eloping with the victim Miss Shweta Bisht, and in assisting the principle accused persons, was shown to have been established, and as such, in the summoning order, which has been issued by the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital in Criminal Case No. 2091 of 2019, the said Court too has taken cognizance to the other similar statements recorded before the Hon'ble High Court, as recorded on 30.05.2018, in Writ Petition (Criminal) No. 1007 of 2018.
4Thus, the summoning order of the accused persons to participate in the proceedings of trial, do not call for interference under C-482 application, because it doesn't apparently, show that there is any abuse of process in summoning the present applicants for their participation in the proceedings of Criminal Case No. 2091 of 2019.
7. Thus, this Court is of the view, that under the given set of circumstances, when particularly there exists orders by the two superior courts i.e. High Court dated 30.05.2018, rendered in Writ Petition (Criminal) No. 1007 of 2018, and, that of the Hon'ble Apex Court, as rendered in Writ Petition (Criminal) No. 108 of 2018 "Mohd. Danish Vs. State of Uttarakhand" on 17.05.2018, it's not a fit case, in which, the High Court in exercise of its inherent jurisdiction under Section 482 of Cr.P.C., should venture into the propriety of the summoning order, which otherwise do not smacks any malice, nor it is contrary to the provisions contained under the Code of Criminal Procedure.
8. Subject to the aforesaid, the C-482 application lacks merit and the same is, accordingly, dismissed.
(Sharad Kumar Sharma, J.) 26.08.2022 Mamta