Tara Chand Bhati And Others vs State Of Uttarakhand And Another

Alok Mahra, J

Restoration application (MCRC No.1969 of 2024) filed on behalf of the applicant seeking restoration of the order dated 08.06.2017 passed by this Court, whereby the application was dismissed in default.

Perused the delay condonation application in restoration application (IA No.1970 of 2024), and the grounds urged in support of the application. Being satisfied with the cause shown, delay of 1730 days in preferring the Restoration Application is condoned, and the delay condonation application is allowed.

For the reasons stated, restoration application is allowed. Order dated 08.06.2017 is hereby recalled. Misc. Application is restored to its original number.

Heard learned counsel for the applicant, learned counsel for the State as well as learned counsel for respondent no.2.

By means of the present misc. application the applicant seeks to quash and set aside the summoning order dated 01.07.2016 passed by 2nd Addl. Chief Judicial Magistrate, Dehradun in Criminal Case No.2572 of 2016 “State Vs. Tara Chand Bharti & others” under Sections143, 447, 427 of IPC.

It is trite that the power under Section 482 Cr.P.C. has to be exercised sparingly, carefully and with caution and only to prevent abuse of process of any Court or otherwise to secure ends of justice.

A two Judges bench of the Hon'ble Supreme Court in HMT Watches Limited Vs. M.A. Abida (2015) 11 SCC 776 has held that inherent powers under Section 482 of the Cr.P.C. cannot be extended for determining question of facts, it is only for the trial Court to determine the disputed questions of fact after examining the evidence on record and interference by this Court with regards to factual questions is impermissible in law.

In the considered view of this Court, all the grounds taken in the present petition are matter of evidence which cannot be decided by this Court in this application under Section 482 Cr.P.C.

In view of the discussions made above and law laid down by Hon'ble Apex Court, this Court is of the considered view that it is not a fit case in which the High Court should exercise its inherent jurisdiction under Section 482 of Cr.P.C.

Accordingly, present C482 application lacks merits and the same is hereby dismissed in limine. Interim order, if any, stands vacated.

Let a copy of this order be sent forthwith to the court concerned for ensuring compliance.