Uttarakhand High Court
29 July vs State Of Uttarakhand And Another on 29 July, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:6601
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No. 19 of 2024
29 July, 2025
Kavita Mehra and Another --Applicants
Versus
State Of Uttarakhand and Another --Respondents
----------------------------------------------------------------------
Presence:-
Mr. D.S. Mehta and Mr. S.S. Mehra, learned counsel for
the applicants.
Mr. Bhaskar Chandra Joshi and Mr. S.C. Dumka,
learned A.G.A. with Ms. Sweta Badola Dobhal, learned
Brief Holder for the State of Uttarakhand/respondent
No.1.
Despite sufficient service, there is no representation for
respondent No.2.
Hon'ble Pankaj Purohit, J. (Oral)
Delay in filing the counter affidavit is condoned. Counter affidavit filed by the State is taken on record. Delay Condonation Application (IA/2/2024) made therefor, is allowed.
2. By means of the present C482 application, applicants have challenged the charge-sheet dated 03.02.2023, cognizance/summoning order dated 06.02.2023, passed by learned Chief Judicial Magistrate, Almora, in Criminal Case No.118 of 2023, State Vs. Ritesh Pandey and Others, for the offences punishable u/s 420 IPC, along with the entire proceedings of the aforesaid criminal case as well as the impugned order dated 24.08.2023 passed by learned Chief Judicial Magistrate, Almora, in Criminal Case No.163 of 2023, State Vs. Kavita Mehra and Others, and further the impugned judgment and order dated 26.10.2023 passed by learned Sessions Judge, 1 2025:UHC:6601 Almora in Criminal Revision No.28 of 2023 Kavita Mehra and Another Vs. State, whereby, the said revision was dismissed by affirming the order dated 24.08.2023 passed by learned Chief Judicial Magistrate, Almora.
3. Learned counsel for the applicants submits that an FIR No.0014 of 2022 was lodged by the respondent No.2 on 30.07.2022 against the applicants and one another co-accused-Ritesh Pandey at P.S. Danya, District Almora for the offences punishable under Section 420 IPC. Thereafter, the investigation was culminated into filing of charge-sheet on 03.02.2023 against the applicants in a cursory and mechanical manner. After filing the charge-sheet, learned Chief Judicial Magistrate, Almora, directed to register a criminal case and summoned the applicants for trial under the aforementioned Sections and the same was registered as Criminal Case No.118 of 2023 State Vs. Ritesh Pandey and Others, vide order dated 06.02.2023. He further submits that on 24.08.2023, learned Judicial Magistrate had directed the applicants to present in person on the date fix and the matter was fixed for 31.08.2023 for framing of charges against the applicants, without any credible evidence. Thus, aggrieved by the impugned order dated 24.08.2023, the applicants challenged it before the learned Sessions Judge, Almora, by way of filing a Criminal Revision No.28 of 2023 Kavita Mehra and Another Vs. State. But the said criminal revision was dismissed by affirming the judgment and order dated 24.08.2023 passed by learned Chief Judicial Magistrate, in a very cursory and routine manner overlooking the aspect that there is a gross injustice caused to the applicants.
22025:UHC:6601
4. Learned counsel for the applicants submits that the learned Courts below while passing the impugned orders, did not apply their judicious mind to the facts of the case and also did not go through the material available before them and taken a contrary view, thus, the impugned orders are liable to be set- aside. He further submits that the content of the complaint are false and fictitious and have been concocted only on account of oblique motive naming the present applicants as accused. He also submits that as per the allegations of the FIR and other material available on record, it cannot be said that the present applicants have committed an offence punishable under Section 420 IPC. There is no evidence available on record against the applicants. The charges have been framed in the matter by the learned Trial Court, but the whole proceedings of the case amount to unnecessary harassment to the applicants.
5. Learned State Counsel on the basis of its counter affidavit submits that the Investigating Officer after due investigation has duly submitted the charge- sheet, on which the learned Judicial Magistrate has lawfully taken cognizance and summoned the applicants. Further, there is no illegality in the judgment and order impugned. He further submits that the applicants were a habitual offender having several cases registered against them in District Nainital and Almora.
6. After arguing a while, learned counsel for the applicants made an innocuous prayer that ends of the justice would met, if learned Chief Judicial Magistrate, Almora, is directed to expedite the hearing of Criminal 3 2025:UHC:6601 Case No.118 of 2023, State Vs. Ritesh Pandey and Others, and conclude the same expeditiously.
7. Having heard the learned counsel for the parties and on perusal of the FIR and other documents available on record, since, the first information report was lodged and investigated and after investigation, charge-sheet has been submitted, this Court doesn't want to interfere in the matter on such a flimsy ground. Further, the learned Revisional Court has rightly dismissed the revision of the applicants vide its order dated 26.10.2023. This Court under Section 482 of Cr.P.C. cannot embark upon a fact finding inquiry which can only be done by the learned Trial Court. The allegations and counter allegations can only be proved in the learned Trial Court by adducing evidences by both the parties. This Court does not wish to interfere now at this stage of trial invoking inherent powers of this court. This case does not fall in the 'rarest of rare' category for invoking the inherent powers of this Court.
8. Accordingly, the C482 application is dismissed. However, it is expected from the learned Chief Judicial Magistrate, Almora, to expedite the hearing of Criminal Case No.118 of 2023, State Vs. Ritesh Pandey and Others, and conclude the same expeditiously.
9. Interim order dated 08.01.2024 stands vacated.
(Pankaj Purohit, J.) 29.07.2025 PN Digitally signed by PREETI NEGI PREETI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe 38331bac55c78b5f9f0276c16432f6aab, NEGI postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81 FAE064498483A83D84BDB0F9229D5BF08D959 AC, cn=PREETI NEGI Date: 2025.07.31 16:19:28 +05'30' 4