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Judgments of Supreme Court of India and High Courts

C482/110/2012 on 12 February, 2019

C482 No. 110 of 2012
Hon’ble Alok Singh, J.

None for the petitioner.

Mr. Sachin Panwar, Brief Holder for the
State of Uttarakhand.

Present petition is filed challenging the
summoning order dated 03.05.2004 passed by
Chief Judicial Magistrate, Almora and order dated
13.10.2011 passed by Judicial Magistrate Almora
in Criminal Case No. 84 of 2008 under Section 29
of the Police Act.

An FIR was lodged by one Vishan Singh
Bisht against one Madan Singh Bisht. FIR was
registered under Section 354 IPC whereas as per
statement of doctor and Parcha No. 5 of Case Diary
case appears to be punishable under Section 376
read with Section 511 IPC. Petitioner sought the
remand of accused under Section 354 IPC, which is
a bailable offence. Finding the petitioner guilty,
Judicial Magistrate issued notice and registered a
case against him. Chief Judicial Magistrate,
Almora issued summons to the petitioner.
Petitioner moved an application to the effect that
present proceedings are barred by Section 197
CrPC. Learned Magistrate, after hearing the
petitioner’s counsel, rejected the application on the
ground that cognizance has already been taken by
the Chief Judicial Magistrate in the matter.

In my opinion, Section 197 (2) CrPC has no
role in the present case.

In view of the above, no interference is
called for. Accordingly, petition under Section 482
CrPC fails and is hereby dismissed.

Let copy of this order be forwarded to the
learned Magistrate concerned immediately for
information along with lower court record.

(Alok Singh, J.)
12.02.2019
SKS

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