Uttarakhand High Court
Pankaj Kumar Singh vs State Of Uttarakhand & Another on 30 November, 2012
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
CRIMINAL MISCELLANEOUS APPLICATION No. 1120/2012
(Under Section 482 of the CrPC)
Pankaj Kumar Singh .......Petitioner
Versus
State of Uttarakhand & Another ......Respondents
Mr. Pankaj Purohit, Advocate, for the applicant.
Ms. Sangeeta Miyan, Brief Holder, for the State.
Mr. Rajendra Dobhal, Sr. Advocate, assisted by Mr. DCS Rawat & Tarun
Lakhera, Advocates, for the private respondent no. 2.
With
CRIMINAL MISCELLANEOUS APPLICATION No. 235/2012
(Under Section 482 of the CrPC)
Nanu Singh & Another .......Petitioners
Versus
State of Uttarakhand & Another ......Respondents
Mr. Pankaj Purohit, Advocate, for the applicant.
Ms. Sangeeta Miyan, Brief Holder, for the State.
Mr. Rajendra Dobhal, Sr. Advocate, assisted by Mr. DCS Rawat & Tarun
Lakhera, Advocates, for the private respondent no. 2.
30th November, 2012
Hon'ble Servesh Kumar Gupta, J.
During the course of arguments, it was revealed that a similar petition no. 235/2012 under Section 482 CrPC is also filed by Nannu Singh and Smt. Rajeshwari Devi, parents of Pankaj Kumar Singh. That petition is not listed today. But in the interest of justice, it would be expedient to hear that petition together with the petition listed today. So, the C482 Petition No. 235/2012 is also summoned from the Registry. Since, both these petitions challenge the chargesheets submitted by the Investigation Officer against the petitioners for the offences of Section 498A IPC (husband or relative of husband of a woman subjecting her to cruelty) read with Section 3/4 Dowry Prohibition Act and the orders of cognizance passed 2 thereupon. So, both these petitioners are being disposed of by this single judgment.
2. Petitioner Pankaj Kumar Singh is the husband of Smt. Baiju Thapa while petitioners Nannu Singh and Smt. Rajeshawari Devi are her father-in-law and mother- in-law respectively. It was a time way back in 2006 when Pankaj Kumar Singh was pursuing his engineering studies at Dehradun, he fell in courtship with Ms. Baiju Thapa there, which ultimately resulted in solemnization of the marriage of the duo on 13.12.2006. Having passed the blissful marital life for almost one and half year stretchable up to two years, the matrimonial discord started and the relations between the couple became sour. Eventually Pankaj Kumar Singh left for United States in late 2008 on Student VISA for higher studies and his so leaving India was consented by his wife Smt. Baiju Thapa. Pankaj Kumar Singh left his wife to live in the company of his parents at Hapur (a sub-urban area), Uttar Pradesh, where Nannu Singh was in the Government job posted as a Horticulture Inspector. So, Smt. Baiju Thapa kept on shuffling from Hapur (in-laws house) to Dehradun (native place) and finally she could not feel comfortable at Hapur and came to reside with her parents at Doon (a developed city) in May, 2010.
3. Relations between the husband and wife could not be normal, nonetheless the endeavor was made by the elders as well as the persons of community of Smt. Baiju Thapa at Dehradun. So, ultimately an FIR was lodged by Smt. Neelam Thapa (mother of Smt. Baiju Thapa) on 27.8.2011 at PS Garhi Cantt., Dehradun against the petitioners nay Ms. Alka, Ms. Rati and Ms. Isha (all the three sisters of Pankaj Kumar Singh).
34. Petitioners rushed to this Court and in the course of time all of them were granted arrest stay, but culmination of investigation resulted in submission of impugned chargesheets. However, the Investigation Officer absolved all the three sisters and did not find their complicity in the alleged offence. So, these chargesheets and the orders of cognizance passed thereupon have been challenged by filing the above-titled petitions.
5. This Court has rendered hearing to learned Counsel of both the parties as well as the State Counsel.
6. It is pertinent to mention that after higher studies at United States and on obtaining the degree of Master of Business Administration and Ph.D., Pankaj Kumar Singh got an appropriate job in the United States Army. So, now he is almost settled there. The Court also strived through the Registrar (Judicial) for reconciliation between the parties as Pankaj Kumar Singh divulged his every gesture to accompany Smt. Baiju Thapa with him at United States. But somehow he could not inspire the confidence in her heart for her safety and welfare at such a remote place and Smt. Baiju Thapa also could not repose her confidence reminding the past atrocious conduct of Pankaj Kumar Singh.
7. Learned Counsel for the petitioners argued that even pursuing his studies in United States, he kept on sending the money for maintenance of his wife at several times and the frequency of sending the money has been revealed in paragraph 8 of the petition, which adverts that a number of times, money was sent for Smt. Baiju Thapa and looking to the status of both the parties, this cannot 4 be estimated as insufficient. Receiving the money has not been denied in the counter affidavit.
8. It has been argued on behalf of the complainant by way of filing the annexures enclosed with the counter affidavit that in the past, the conduct of Pankaj Kumar Singh was of tormenting nature and Smt. Baiju Thapa was subjected to beatings at several times and this conduct even has been admitted by Pankaj Kumar Singh as a resolution in front of entire society which was reduced in writing. His apology was also recorded a number of times in presence of several witnesses and this is adverted from the several enclosures annexed with the counter affidavit.
9. Looking to the entire facts and circumstances and also taking note that the Investigation Officer has already absolved the unnecessary persons i.e. three sisters of Pankaj Kumar Singh, the Court finds that there is no sufficient ground to quash the chargesheets, which are based upon the collection of the evidence by the Investigation Officer and nothing concrete has been indicated in the rejoinder affidavit as to extend the clean chit to the petitioners.
10. It is settled principle of law propounded a number of times by the Hon'ble Apex Court that in the proceedings under Section 482 CrPC, this Court is not supposed to go in every detail and to analyze scrupulously each and every aspect of the case. So, this Court is not inclined to stay the prosecution of the petitioners. At the same time, the Court cannot be oblivious of the fact that Pankaj Kumar Singh is a United States Army personnel and by dint of high education and hard labour, he has got a reputed job there. So, the Court does not want that his 5 job be lost only on account of pendency of the trial against him.
11. Consequently, both these petitions are hereby dismissed with following observations/directions:
(i) Since it is found that there is a huge number of Nepali community persons residing in Dehradun city and the learned Counsel for the petitioners argued that the enclosures entailing the apology on the part of Pankaj Kumar Singh was on account of pressure exerted by the number of persons of the same community assembled at the spot, so it is discernable that there may not be chance of free and fair trial in Dehradun courts. Therefore, in the interest of justice and in exercise of powers under Section 407(2) CrPC, this Court suo motto transfers the trial impugned Criminal Case No. 614/2012 and State of Uttarakhand v. Pankaj, and Criminal Case No. 138/2012, State of Uttarakhand v. Nannu Singh & Another, under Section 498A IPC and 3/4 Dowry Prohibition Act, from the Court of 1st Additional Chief Judicial Magistrate, Derhadun to the Court of Additional Chief Judicial Magistrate, Rishikesh, District Dehradun.
(ii) Trial against the petitioners shall be kept in abeyance for the another six months and no coercive measure shall be taken against Pankaj Kumar Singh or his parents to ensure their attendance in the court below.
(iii) Pankaj Kumar Singh will apply for leave from his employer within six months period and the 6 Court is hopeful that his leaving United States to surrender in the court below will be felicitated by his army superiors.
(iv) After six months or before this period, if Pankaj Kumar Singh surrenders in the court, then he will be released on the same day on bail. Bail applications of his parents will also be disposed of without unnecessary delay by the court of Magistrate itself.
(v) Bail bonds of heavy potential sureties will be
asked from Pankaj Kumar Singh. In his
personal bond, his address of dwelling as well as address of posting will be disclosed specifically and shall be supported by an affidavit.
(vi) After releasing Pankaj Kumar Singh on bail, the charge will be levelled against him and other accused persons immediately and trial will commence and that shall be completed as quickly as possible.
(vii) As the Court has been apprised that Pankaj Kumar Singh has already extended the maximum leave available to him, so he has to leave India tomorrow itself, therefore, he is permitted to leave India as such.
(viii) Trial court shall also be mindful of the fact during the trial that Pankaj Kumar Singh may not be in a position to personally present on each and every date. So, the trial court will exempt his attendance until and unless it is inevitable in order to complete the course of trial.
(Servesh Kumar Gupta, J.) 30.11.2012 Prabodh