Uttarakhand High Court
Tiwari vs State) And Restore The Order Dated on 2 August, 2024
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
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Date COURT'S OR JUDGES'S ORDERS
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02.08.2024 C-482 No. 1729 of 2016
Hon'ble Vivek Bharti Sharma, J.
Mr. Pankaj Joshi, learned A.G.A. for the State/petitioner.
2. None is present for the respondent.
3. This criminal misc. application moved under Section 482 of Cr.P.C. has been filed by the State/petitioner to quash the judgment and order dated 11.08.2016 passed by learned Session Judge, Almora in Criminal Revision No. 16 of 2016 (P.C. Tiwari vs. State) and restore the order dated 24.01.2016 passed by learned Executive Magistrate / Sub-Divisional Magistrate, Ranikhet, Almora in Criminal Case No. 02 of 2016 (State vs. P.C. Tiwari and others) and further to expunge the remarks against the learned Executive Magistrate / Sub- Divisional Magistrate, Ranikhet, Almora in the judgment and order dated 11.08.2016 passed by the learned Sessions Judge, Almora.
4. Counsel for the State/petitioner would submit that on 23.01.2016 Revenue Sub-Inspector Dida, Ranikhet gave written report to the Executive Magistrate/Sub-Divisional Magistrate, Ranikhet, Almora that there is a grave threat of breach of peace from respondent, who along with his associates is trying to disturb the public tranquility by his wrongful act; that, on the basis of application dated 23.01.2016, notices were issued to the respondent and his associates, but on their refusal to receive the notices, the Executive Magistrate / Sub- Divisional Magistrate, Ranikhet, Almora vide order dated 24.01.2016 ordered for detention of all the persons in judicial custody till execution of their personal bonds.
5. Feeling aggrieved by the said order, the respondent filed a Criminal Revision No. 16 of 2016 before the learned Session Judge, Almora for setting-aside the order dated 24.01.2016 passed by the Executive Magistrate/Sub-Divisional Magistrate, Ranikhet, Almora.
6. Counsel for the State/petitioner would submit that the Session Judge, Almora vide order dated 11.08.2016 while setting-aside the order dated 24.01.2016 allowed the said revision in an illegal and arbitrary manner and without application of judicious mind, inter-alia on the grounds that the respondent and his associates were not present before the Executive Magistrate/Sub-Divisional Magistrate, Ranikhet, Almora at the time of passing the order dated 24.01.2016; that, the order for notices to the respondent and his associates passed by the Executive Magistrate under Section 107/116 of Cr.P.C. is only the interlocutory order and no revision is maintainable against the interlocutory order.
7. On perusal of the entire material available on record, this Court does not find any manifest error in the impugned judgment and order, which would warrant this Court to quash the judgment and order dated 11.08.2016 passed by learned Session Judge, Almora and to restore the order dated 24.01.2016 passed by learned Executive Magistrate/Sub- Divisional Magistrate, Ranikhet, Almora.
8. It is trite that the powers under Section 482 Cr.P.C. have to be exercised sparingly, carefully and with caution and only to prevent abuse of process of any Court or otherwise to secure ends of justice.
9. In the considered view of this Court, this is not a fit case in which, the powers under Section 482 of Cr.P.C. should be exercised.
10. Accordingly, the present C-482 petition lacks merit and the same is hereby dismissed.
11. Let a copy of this order be sent to the court concerned for information.
(Vivek Bharti Sharma, J.) 02.08.2024 Akash