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U.C. Dhyani, J. (oral) By means of application / petition no. 81 of 2012 filed under Section 482 Cr.P.C., the applicant seeks to quash the impugned part of the judgment and order dated 13.12.2011, passed by Sessions Judge, Almora in S.T. no. 24 of 2010, State vs Bhagwat Singh & others, and consequential proceedings of criminal case no. 708 of 2011, under Section 194 IPC, pending in the court of C.J.M., Almora, as also the summoning order dated 16.12.2011 issued thereof.

2) By means of application / petition no. 825 of 2011 filed under Section 482 Cr.P.C., the applicant seeks to quash the impugned part of the judgment and order dated 20.12.2010, passed by Sessions Judge, Almora in S.T. no. 25 of 2005, State vs Harish Chandra Sharma and consequential proceedings of criminal case no. 22 of 2010, under Section 344 Cr.P.C., pending in the court of Sessions Judge, Almora, as also the notice dated 22.10.2010 issued thereof.

[emphasis supplied]

4) The operative portion of the judgment and order dated 13.12.2011, passed by learned Sessions Judge in S.T. no. 24 of 2010, is as follows:

"Chief Reader of this Court is directed to file a complaint before the learned Chief Judicial Magistrate, Almora under Section 194 of Indian Penal Code as ordered above within seven days of this judgment."

5) The genesis of petition no. 825 of 2011, filed under Section 482 Cr.P.C is the summoning of applicant Deep Bhagat under Section 344 Cr.P.C., whereby the applicant has been directed to remain present before the Sessions Court, Almora on 10.01.2011, to file his objections, if any to controvert the allegation that he has adduced false evidence in the court in S.T. no. 25 of 2005, State vs Harish Sharma.

13) Since the action of the applicants did not appear to be intentional, therefore, this Court is of the opinion that the criminal proceedings initiated against them should be quashed in the interest of justice.

14) In view of the above, both the applications / petitions under Section 482 Cr.P.C. stands allowed.

15) As a consequence thereof, the impugned part of the judgment and order dated 13.12.2011, passed by Sessions Judge, Almora in S.T. no. 24 of 2010, State vs Bhagwat Singh & others and consequential proceedings of criminal case no. 708 of 2011, under Section 194 IPC, pending in the court of C.J.M., Almora, as also the summoning order dated 16.12.2011, challenged by way of aforementioned application / petition no. 81 of 2012 filed under Section 482 Cr.P.C., are hereby quashed.

16) Also, the impugned part of the judgment and order dated 20.12.2010, passed by Sessions Judge, Almora in S.T. no. 25 of 2005, State vs Harish Chandra Sharma and consequential proceedings of criminal case no. 22 of 2010, under Section 344 Cr.P.C., pending in the court of Sessions Judge, Almora, along with the notice dated 22.10.2010, challenged by way of aforementioned application / petition no. 825 of 2011 filed under Section 482 Cr.P.C., are hereby quashed.

(U.C. Dhyani, J.) [ Dt. March 30, 2017.