Gul Sanovaar vs State Of Uttarakhand And Another

N.S. Dhanik, J

By means of this application under Section 482 Cr.P.C., applicant has prayed for quashing the impugned order dated 01.08.2019 passed by learned F.T.C./Additional Session Judge, Special Judge POCSO, Haridwar in Session Trial No. 106 of 2017 (Case Crime No. 249 of 2017), under Sections 302, 376 (2), (झ) of IPC and Section 3क/4 of POCSO Act, registered at P.S. Kotwali Laksar, District Haridwar, pending in the Court of F.T.C./Additional Sessions Judge/Special Judge POCSO, Haridwar, whereby the application presented by the applicant under Section 91 of Cr.P.C. with the prayer to summon the computerized copies of Chik FIR of Case Crime No. 0249, under Section 302 of IPC, registered at P.S. Laksar, "State vs. Unknown"dated 27.06.2017, computerized copies of G.D. No. 43 at 21:38 dated 27.06.2017 and computerized copies of G.D. No. 05 at 6:48 dated 28.06.2017 from police Station Kotwali Laksar has been dismissed and further to direct the learned trial Court to summon the computerized copies of Chik FIR of Case Crime No. 0249, under Section 302 IPC, P.S. Laksar, "State vs. Unknown" dated 27.06.2017, computerized copies of G.D. No. 43 at 21:38 dated 27.06.2017 and computerized copies of G.D. No. 05 at 06:48 dated 28.06.2017 from police station Kotwali Laksar in the trial and the same are necessary for the proper adjudication of the case.

Learned counsel for the applicant submits that the learned trial Court vide order dated 01.08.2019 dismissed the application of the present applicant primarily on the ground that the witness in his cross examination did not say that such G.Ds. and Chik FIR were made computerized in the police station. He further submits that from the perusal of the Chik FIR, it reveals that the entry of the same was made in the computer and as such the impugned order is bad in the eyes of law and is liable to be set-aside.

Learned State Counsel fairly concedes that the computerized copies of abovementioned G.Ds. and Chik FIR are available at the concerned police station.

Considering the facts and circumstances of the case and in view of the statement given by the learned State Counsel, the present criminal misc. application is allowed. Impugned order dated 01.08.2019 passed by the learned F.T.C/Additional Sessions Judge, Special Judge, POCSO, Haridwar in Session Trial No. 106 of 2017 (Case Crime No. 249 of 2017), under Sections 302, 376 (2), (झ) of IPC and Section 3क /4 of POCSO Act, registered at P.S. Kotwali Laksar, District Haridwar, pending in the court of F.T.C./Additional Sessions Judge/Special Judge, POCSO, Haridwar are set-aside. However, it is provided that, if the applicant moves an application before the trial Court, the learned trial Court shall consider the same and pass fresh order, in accordance with law, in the light of the statement given by the learned State Counsel.