IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No.335 of 2007 (U/s 482 Cr.P.C.) Y.K. Sharma & others ………. Applicants Versus State of Uttaranchal & another ..…. Respondents Mr. Vinod Sharma, Advocate for the applicants Mr. H.M. Bhakuni, Brief Holder for the State/respondent no.1 None is present for respondent no.2, though service is sufficient upon him Dated : August 4, 2011 Hon’ble Servesh Kumar Gupta, J. Despite service upon the respondent no.2, there is no representation on his behalf nor any counter affidavit has been filed by the said respondent. By way of this criminal application, the order of cognizance dated 18.5.2007 passed by the C.J.M., Haridwar has been challenged wherein the applicants (all police personnel) were summoned for the offence of Sections 323/504/506 IPC and 3/10 SC/SCT Act. The background facts are that all these police personnels at the relevant time were posted at Police Outpost Jagjitpur within the territorial area of P.S. Kankhal, District Haridwar. On 13.4.2007, the cross version First Information Reports were moved to the police station Kankhal; one was moved by Smt. Sudesh raising some allegations against Sri Satpal and nine others while the cross application was moved by Sri Satpal wherein it was stated that Gopal S/o Late Ram Sah (opposite party no.2 in the present petition) threatened Smt. Sudesh in connection with some litigation and possession over 2 a certain land. The matter was entrusted to S.I. Y.K. Sharma (present applicant no.1). He investigated the matter along with his two companion constables (applicant nos.2 and 3). It was alleged that the house of Smt. Sudesh was set ablazed and a recovery memo was prepared by investigation officer regarding recovery of ashes and reminiscence in the ablazed house. The name of Sri Gopal appeared behind the crime scene so Sri Y.K. Sharma, S.I. tried to contact Sri Gopal but he avoided every call of the investigating officer, even the notice u/s 160 Cr.P.C. was given to him but he did not respond. Rather this Gopal filed the above complaint against the applicants whereupon the cognizance was taken by the learned C.J.M. It has been contended that this Gopal has a long criminal history which has been mentioned in the affidavit filed with the petition. It adverts that eight criminal cases are already registered against him and all pertains to P.S. Kankhal. Learned counsel for the petitioners has relied upon the precedent of Hon’ble Apex Court in the case of “State of Haryana Vs. Bhajan Lal reported in 1992 SCC (Cri) 426” wherein the Hon’ble Apex Court defining the scope of Section 482 Cr.p.C., has narrated the circumstances where this power can be invoked by the High Court and one of the circumstances has been described as under: - “Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spit him due to private and personal grudge” This circumstance, inter alia others, has again been reiterated by the Hon’ble Apex Court in “Zandu Pharmaceutical Works Ltd. Vs. Mohd. Sharaful Haque and another reported in 2005 S.C.C. (Cri) 283”. 3 In view of the above circumstances and analysis, this Court is of the view that the complaint filed by Sri Gopal was the result of sheer vengeance nurtured by him against the I.O. It was the result of malicious feelings towards police force and to escape the action by the investigating officer, which might have been taken against him. The order of cognizance passed by the learned Magistrate was baseless and is liable to be quashed. In view of the above, this criminal miscellaneous application has force and it is allowed. The order of cognizance dated 18.5.2007, stated above, is quashed. (Servesh Kumar Gupta, J.) 04.08.2011 Rajeev Dang