Krishanpal Sharma vs State Of Uttarakhand & Others.

Alok Mahra, J

By means of present C-482 Petition, the applicant seeks to quash charge-sheet dated 23.05.2010, charge-sheet dated 15.11.2010 as well as the entire proceedings of Criminal Case No. 952 of 2010, under Section 120B IPC.

Learned counsel for the petitioner submits that the applicant was not named in the FIR, but during the investigation, a supplementary charge-sheet was filed, in which, the applicant was made an accused and charge-sheet under Section 120B IPC was filed against him. In the main charge-sheet, total 3 accused were there, who were charged under Section 386 and 120B IPC.

Learned counsel for the applicant submits that the main accused was acquitted of the charges under Sections 386 and 120B IPC vide judgment and order dated 08.08.2011, passed by learned Additional Chief Judicial Magistrate, Haridwar. As per the averments made by learned counsel for the applicant, the applicant has not filed an appeal against the judgement of acquittal.

In support of his contention, learned counsel for the applicant has placed reliance on the judgment rendered by Hon’ble Supreme Court reported in (2015) 2 Supreme Court Cases 746, Balkar Singh vs. State of Haryana.

In view of the law laid down by the Hon’ble Apex Court in the aforesaid case as well as since the main accused persons have been acquitted of the charges levelled against them under Section 386 and 120B IPC and the applicant was charge-sheeted only for the offence under Section 120B IPC for the selfsame incident, no fruitful purpose would be served, if the trial is proceeded against the present applicant.

Therefore, present C-482 Petition is allowed.

Accordingly, charge-sheet dated 23.05.2010, summoning order dated 15.11.2010 as well as the entire proceedings of Criminal Case No. 952 of 2010, under Section 120B IPC, is hereby quashed.