Uttarakhand High Court
Crime No.0315/2024) vs Smt on 25 April, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
Office Notes,
reports, orders
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SL. Date or directions COURT'S OR JUDGES'S ORDERS
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25.04.2025 C-528 No. 522 of 2025
Hon'ble Vivek Bharti Sharma, J.
Mr. Siddhartha Singh, learned counsel for the petitioner.
2. Mr. Deepak Bisht, learned D.A.G. for the State.
3. This petition under Section 528 of the B.N.S.S. has been filed for quashing the charge-sheet dated 26.09.2024 and summoning order dated 06.11.2024 passed by the Learned Chief Judicial Magistrate, Haridwar in Criminal Case No.8618 of 2024 (Case Crime No.0315/2024), "State of Uttarakhand Vs. Smt. Santosh Kumari and Others" under Sections 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Jwalapur, District Haridwar along with entire proceedings of the above criminal case.
4. Leaned counsel for the petitioner/accused would submit that the petitioner/defendant no.1 Santosh Kumari had contested for the posts of Village Pradhan; that, the petitioner/defendant no.1 was declared as winning candidate in the said election; that, Smt. Rishu Saini had also contested in the said election but she was declared unsuccessful and she filed an election petition against the petitioner/defendant no.1 on the ground of corrupt practices of bribery, undue influence, improper acceptance and rejection of ballots, forged production of mark sheet by defendant no.1 at the time of her nomination.
Learned counsel for the petitioner/accused would further submit that during the pendency of the election petition an FIR has been filed by respondent no.3 against the petitioner Smt. Santosh Kumari under Sections 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Jwalapur, District Haridwar; that, the petitioner/accused has neither fabricated any forged transfer certificate nor did she has any collusion with other co-accused named in the F.I.R; that, the petitioner has been implicated on the basis of the concocted story; that, Investigating Officer without conducting due investigation and under influence of respondent no.3 has charge-sheeted the petitioner/accused.
5. Issue notice to respondent no.3 through ordinary process and registered post acknowledgement due as well as by Email and WhatsApp, if available.
6. Steps to be taken within two weeks.
7. Learned counsel for the State may file counter affidavit, if any, before the next date of listing.
8. List this case for hearing on admission on 30.06.2025.
9. Till the next date of listing, further proceedings of Criminal Case No.8618 of 2024 (Case Crime No.0315/2024), "State of Uttarakhand Vs. Smt. Santosh Kumari and Others" under Sections 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Jwalapur, District Haridwar pending in the Court of learned Chief Judicial Magistrate, Haridwar shall remain stayed qua the petitioner/accused.
(Vivek Bharti Sharma, J.) 25.04.2025 Akash