Chandan Singh Saini & Another vs Pushkar Singh & Others

N.S. Dhanik, J

By way of present application, moved under Section 482 of Cr.P.C. the applicants seek to quash the impugned order dated 25.11.2013 passed by the learned 1st Additional District Judge, Nainital in Criminal Revision No.6 of 2012, Pushkar Singh and another Vs. Chandan Singh and others and thus to uphold the order dated 29.11.2011 passed by the trial Court.

Brief facts of the case are that, the applicants informed the police that on 02.06.2010 at about 12:30 p.m. the respondents set the hut of the applicants on fire and started abusing the applicants and threatened to kill them, due to the said illegal act of the respondents, the hut and the articles kept therein were destroyed and animals were affected by it. It was claimed by the respondents that the hut was built over their property. But the police did not lodge the report but on persuasion, the report of the applicants, case crime no.262/2010 under Sections 436, 429, 323 and 506 IPC was lodged the 02.05.2010 against the respondents. But the concerned police filed the Final Report in the said matter on 15.09.2010. Again on the prayer of the applicants it was registered as Criminal Case No.145 of 2010, Chandan Singh and others Vs. Pushkar Singh and others before the Court of learned Judicial Magistrate, Ramnagar, District Nainital but the same was dismissed on 08.04.2011 for want of prosecution. Thereafter, the applicants filed the present complaint before the Court of learned Judicial Magistrate, Ramnagar, District Nainital under Section 436, 429, 323, 506 and 504 IPC, registered as Criminal Case No.1326 of 201 (now 1361 of 2011).

After recording statements under Sections 200 Cr.P.C. and 202 Cr.P.C. the trial Court summoned the accused/ respondents under Section 436 IPC. Aggrieved by it, on 29.11.2011, the accused preferred a criminal revision no.6 of 2012, before the Court of learned Sessions Judge, Nainital which was ultimately transferred to the 1st Additional Sessions Judge, Nainital. The 1st Additional District and Sessions Judge, Nainital vide its order dated 25.11.2013 allowed the said revision and set aside the order dated 29.11.2011 passed by the learned trial Court. Aggrieved by it, the present criminal misc. application under Section 482 Cr.P.C has been filed by the applicants.

It is argued by the learned counsel for the applicants that the order passed by the Revisional Court is illegal and perverse and deserves to be set aside. The Revisional Court has passed the impugned order in a summary manner without considering the facts and circumstances of the present matter and without giving due weightage to the evidence on record. The Revisional Court misinterpreted the statement of complainant witnesses and did not follow the principles of law, which is abuse of process of law.

Per contra, learned counsel appearing on behalf of respondents argued that the a team of fire services observed that a loss of Rs.4,20,000/- was caused due to short of electric circuit. The incident was also published in a daily newspaper, Amar Ujala on 03.06.2010 and the incident is stated to be occurred due to fire accident for unknown reason. Copy of news item and fire report pertaining to the incident has been brought on record.

From the perusal of the fire report dated 02.06.2010 and news item published in daily newspaper, namely, Amar Ujala dated 03.06.2010, it is clear that even the fire broke out due to unknown reasons. While in the final report submitted by the police it is stated that the fire broke out due to electric short circuit.

I have gone through the entire evidence brought on record as well as the impugned order dated 25.11.2013 passed by the learned 1st Additional District Judge, Nainital in Criminal Revision No.6 of 2012, Pushkar Singh and another Vs. Chandan Singh and others and find no illegality or irregularity in the impugned order.

In view of the above, the present criminal misc. application filed under Section 482 Cr.P.C. lacks merit and the same is, accordingly, dismissed. The impugned order dated 25.11.2013 passed by the learned 1st Additional District Judge, Nainital in Criminal Revision No.6 of 2012, Pushkar Singh and another Vs. Chandan Singh and others, is hereby affirmed.

Present C482 application stands disposed of, as above.

Pending applications, if any, also stand disposed of accordingly.