BHUWAN CHANDRA JOSHI @ BHAWANI DUTT JOSHI Vs. CHIEF JUDICIAL MAGISTRATE
LAWS(UTN)-2013-5-25
HIGH COURT OF UTTARAKHAND
Decided on May 01,2013

Bhuwan Chandra Joshi @ Bhawani Dutt Joshi Appellant
VERSUS
Chief Judicial Magistrate and Others Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) UPON an FIR lodged by one Kailash Chandra Pandey in police station Lohaghat on 08.12.2006, which was registered as case crime No. 352 of 2006 in respect of offences punishable under Sections 147, 324, 325, 308, 506 of IPC against Hem Chandra Joshi, Khilanand Joshi, Tara Dutt, Narain Dutt, Baldev alias Bala Dutt and Bhuwan Chandra Joshi alias Bhawani Dutt Joshi, investigation started. After completion of investigation, chargesheet against said accused was submitted in respect of self same offences. Cognizance was taken on the said charge sheet and the accused persons were summoned to face the trial for the said offences. Aggrieved against the same, applicant Bhuwan Chandra Joshi alias Bhawani Dutt Joshi moved the present petition/application under Section 482 of Cr.P.C. When the same was taken up for admission before this Court on 23.05.2007, this Court was pleased to direct that further proceedings in criminal case No. 244 of 2007, State vs. Hem Chandra Joshi and five others, relating to offences punishable under Sections 147, 324, 325, 308 and 506 of IPC, police station Kotwali Champawat, District Champawat, pending before the court of Chief Judicial Magistrate, Champawat shall remain stayed, until further orders, only as against the petitioner Bhuwan Chandra Joshi alais Bhawani Dutt Joshi. It was made clear that the trial may proceed against rest of the accused.
(2.) TRIAL proceeded against accused persons other than the present applicant Bhuwan Chandra Joshi alias Bhawani Dutt Joshi. Prosecution witnesses were examined. Statements of the accused persons under Section 313 of Cr.P.C. were taken and after hearing both the sides, learned Sessions Judge Champawat acquitted Hem Chandra Joshi, Khilanand Joshi, Tara Dutt, Narain Dutt and Baldev alias Bala Dutt of the charges framed against them vide order dated 28.04.2008. Presuming that the present applicant would have joined the other accused persons in the trial, he too would have met the same fate as was met by the other accused persons namely, Hem Chandra Joshi, Khilanand Joshi, Tara Dutt, Narain Dutt and Baldev alias Bala Dutt. A common FIR was there in respect of present applicant and the accused persons, who faced the trial. Common evidence would have been led in the context of present applicant as well as the other accused persons, who faced the trial. The same judgment would have been delivered by learned Sessions Judge, Champawat, had present applicant too been put to trial. In other words, the present applicant would have met the same fate as was met by the accused persons, who underwent trial. No useful purpose will be served by directing the court below to proceed against the present applicant. It will be a futile exercise if the Sessions Judge concerned is directed to put the applicant under trial and the prosecution is asked to lead the same evidence against the present applicant, which has been led against the other accused persons. Although inherent jurisdiction under Section 482 of Cr.P.C. has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the Section itself, but the case in hand appears to be one such case in which this extra ordinary power should be exercised. Application/petition under Section 482 of Cr.P.C. filed by the applicant Bhuwan Chandra Joshi alias Bhawani Dutt Joshi is thus allowed. Proceedings of criminal case No. 106 of 2012, State vs. Bhuwan Chandra Joshi alias Bhawani Dutt Joshi in case crime No. 352 of 2006, relating to offences punishable under Sections 147, 324, 325, 308 and 506 of IPC, registered at police station Kotwali Champawat, District Champawat, pending in the court of Chief Judicial Magistrate, Champawat are quashed so far as it relates to the present applicant Bhuwan Chandra Joshi alias Bhawani Dutt Joshi.;


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