6. The petitioners' counsel submits that the appeal filed against the
judgment of the Division Bench of the High Court of Uttarakhand in WP
No.484/2014 (S/B) has been dismissed by the Apex Court, vide order
Page No.# 5/10
dated 24.03.2022 in Special Leave to Appeal (C) No.33645/2018 (State
of Uttarakhand & Ors. Vs. Dr. Sanjay Singh Chauhan & Ors.).
Later, the Hon'ble
Supreme Court in Special Leave to Appeal (C) No.33645/2018 dated
24.03.2022, arising from the above judgment in State of Uttarakhand &
Ors. v. Sanjay Singh Chauhan & Ors. found no ground for interference
with the order of the Hon'ble High Court and dismissed the S.L.P. The
Hon'ble Apex Court also clarified that the respondents, who are Ayurvedic
doctors, would be entitled to be treated at par with Allopathic Medical
Officers and Dental Medical Officers under the National Rural Health
Mission (NRHM/NHM) Scheme.
Learned counsel for applicant contends that subsequent to the submission of the above mentioned charge-sheet, cognizance was taken upon same by Court concerned. As offence complained of is triable by Court of sessions, accordingly case was committed by concerned Magistrate to Court of Sessions. Resultantly, Sessions Trial No. 44 of 2022 (State Vs. Sanjay Chauhan) came to be registered. On date two prosecution witnesses of fact P.W.1, father of deceased, P.W.2, Urmila Devi have been examined. However, aforesaid witnesses have not supported the prosecution story as unfolded in F.I.R. On the aforesaid premise, learned counsel for applicant submits that up to this stage, there is no material to show that complicty of applicant in the crime in question is established. Prosecution witnesses of fact have themselves not supported the prosecution story.
After submission of afore mentioned charge-sheet cognizance was taken upon same by concerned Magistrate. As offence complained of is triable by Court of sessions, accordingly case was committed by concerned Magistrate to Court of Sessions. Resultantly, Sessions Trial No. 513 of 2022 (State Vs. Sanjay Chauhan) came to be registered. According to learned counsel fora pplicant no prosecution witness has been examined upto this stage.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings in Criminal Case No.1259 of 2022 (State Vs. Sanjay Chauhan and others), arising out of Case Crime No.184 of 2020, under Sections 323, 504 and 308 I.P.C., Police Station - Jahana Ganj, District - Azamgarh, pending before the Court of Judicial Magistrate, Court No.19, Azamgarh.
Since, counter-affidavit has not been filed, the respondents are directed to
file the same, taking into consideration the judicial pronouncements of the different
High Courts as well as Hon'ble Apex Court particularly in case of State of
Uttarakhand & Ors. Vs. Sanjay Singh Chauhan & Ors. passed in SLP (C)
No.33645/2018.