Sunil Kumar Gupta vs State of Uttarakhand and Sri V.K. Sharma, the In charge Inspector

Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of Code of Criminal Procedure,1973, the Petitioner has sought quashing of the proceedings of Criminal Case No. 1844 of 2004, State v. Sunil Gupta, relating to offences punishable u/s 147, 148, 341, 336, 332 and 353 I.P.C., pending in the court of Chief Judicial Magistrate, Dehradun. Also Non Bailable Warrant issued against the Petitioner is sought to be quashed.

The First Information Report discloses that the police personnel were stoned after the road was jammed and they suffered injuries. Learned Counsel for the Petitioner submitted that ingredients of the offences punishable u/s 147 and 148 I.P.C., are not made out for its only the Petitioner Sunil Gupta who is charge sheeted. However, perusal of the impugned First Information Report and other papers on record shows that the mob led by Sunil Gupta stoned the police personnel who the suffered injuries. It is to be seen by the trial court whether actually Petitioner Sunil Gupta led the mob or not. It is pleaded that on behalf of the Petitioner that he had enmity with the Station House Officer due to which he is implicated in the false criminal proceeding. However factual pleas raised by the Petitioner can be seen by the trial court after examining the witnesses and it is not desirable on the part of this Court to look into the disputed factual questions in its jurisdiction u/s 482 of Code of Criminal Procedure

Having heard learned Counsel for the parties, and after going through the papers on record, without expressing any opinion as to final merits of the case, the petition u/s 482 of Code of Criminal Procedure, is dismissed summarily with the observation that if the Petitioner''s bail is not cancelled, and he appears before the court concerned, on the next date fixed before the trial court, he shall be released on bail on executing personal bond, and furnishing fresh sureties to the satisfaction of the court concerned, and the Non Bailable Warrant directed to be issued by the trial court in that situation shall stand withdrawn.