Uttarakhand High Court
29 July vs State Of Uttarakhand And Another on 29 July, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:6600
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No.15 of 2024
29 July, 2025
Kavita Mehra and Another --Applicants
Versus
State Of Uttarakhand and Another --Respondents
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Presence:-
Mr. D.S. Mehta and Mr. S.S. Mehra, learned counsel for
the applicants.
Mr. Bhaskar Chandra Joshi and Mr. S.C. Dumka,
learned A.G.A. with Ms. Sweta Badola Dobhal, learned
Brief Holder for the State of Uttarakhand/respondent
No.1.
Despite sufficient service, there is no representation for
respondent No.2.
Hon'ble Pankaj Purohit, J. (Oral)
Delay in filing the counter affidavit is
condoned. Counter affidavit filed by the State is taken
on record. Delay Condonation Application (IA/2/2024)
made therefor, is allowed.
2. By means of the present C482 application,
applicants have challenged the charge-sheet dated
14.02.2023, cognizance/summoning order dated
17.02.2023, passed by learned Senior Civil Judge/
Judicial Magistrate, Almora, in Criminal Case No.163
of 2023, State Vs. Kavita Mehra and Ors., for the
offences punishable u/s 420 and 120-B IPC, along with
the entire proceedings of the aforesaid criminal case as
well as the impugned order dated 02.08.2023 passed
by learned Senior Civil Judge/Judicial Magistrate,
Almora, in Criminal Case No.163 of 2023, State Vs.
Kavita Mehra and Ors., and further the impugned
judgment and order dated 26.10.2023 passed by
learned Sessions Judge, Almora in Criminal Revision
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No.27 of 2023 Kavita Mehra and Another Vs. State,
whereby, the said revision was dismissed by affirming
the order dated 02.08.2023 passed by learned Judicial
Magistrate, Almora.
3. Learned counsel for the applicants submits
that an FIR No.0020 of 2022 was lodged by the
respondent No.2 on 26.07.2022 against the applicants
and one another co-accused-Ritesh Pandey at P.S.
Lamgada, District Almora for the offences punishable
under Sections 120-B and 420 IPC. Thereafter, the
investigation was culminated into filing of charge-sheet
on 14.02.2023 against the applicants in a cursory and
mechanical manner. After filing the charge-sheet,
learned Judicial Magistrate, Almora, directed to
register a criminal case and summoned the applicants
for trial under the aforementioned Sections and the
same was registered as Criminal Case No.163 of 2023
State Vs. Kavita Mehra and Ors., vide order dated
17.02.2023. He further submits that on 02.08.2023,
learned Judicial Magistrate had directed the applicants
to present in person on the date fix and the matter was
fixed for 31.08.2023 for framing of charges against the
applicants, without any credible evidence. Thus,
aggrieved by the impugned order dated 02.08.2023,
the applicants challenged it before the learned
Sessions Judge, Almora, by way of filing a Criminal
Revision No.27 of 2023 Kavita Mehra and Another Vs.
State. But the said criminal revision was dismissed by
affirming the judgment and order dated 02.08.2023
passed by learned Judicial Magistrate, in a very
cursory and routine manner overlooking the aspect
that there is a gross injustice caused to the applicants.
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4. Learned counsel for the applicants submits
that the learned Courts below while passing the
impugned orders, did not apply their judicious mind to
the facts of the case and also did not go through the
material available before them and taken a contrary
view, thus, the impugned orders are liable to be set-
aside. He further submits that the content of the
complaint are false and fictitious and have been
concocted only on account of oblique motive naming
the present applicants as accused. He also submits that
as per the allegations of the FIR and other material
available on record, it cannot be said that the present
applicants have committed an offence punishable under
Section 420/120-B IPC. There is no evidence available
on record against the applicants. The charges have
been framed in the matter by the learned Trial Court,
but the whole proceedings of the case amount to
unnecessary harassment to the applicants.
5. Learned State Counsel on the basis of its
counter affidavit submits that the applicants were a
habitual offender having several cases registered
against them in District Nainital and Almora. He further
submits that the Investigating Officer after due
investigation has duly submitted the charge-sheet, on
which the learned Judicial Magistrate has lawfully
taken cognizance and summoned the applicants.
Further there is no illegality in the judgment and order
impugned.
6. After arguing a while, learned counsel for the
applicants made an innocuous prayer that ends of the
justice would met, if learned Senior Civil Judge/
Judicial Magistrate, Almora, is directed to expedite the
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hearing of Criminal Case No.163 of 2023, State Vs.
Kavita Mehra and Ors., and conclude the same
expeditiously.
7. Having heard the learned counsel for the
parties and on perusal of the FIR and other documents
available on record, since, the first information report
was lodged and investigated and after investigation,
charge-sheet has been submitted, this Court doesn’t
want to interfere in the matter on such a flimsy ground.
Further, the learned Revisional Court has rightly
dismissed the revision of the applicants vide its order
dated 26.10.2023. This Court under Section 482 of
Cr.P.C. cannot embark upon a fact finding inquiry
which can only be done by the learned Trial Court. The
allegations and counter allegations can only be proved
in the learned Trial Court by adducing evidences by
both the parties. This Court does not wish to interfere
now at this stage of trial invoking inherent powers of
this court. This case does not fall in the ‘rarest of rare’
category for invoking the inherent powers of this Court.
8. Accordingly, the C482 application is
dismissed. However, it is expected from the learned
Senior Civil Judge/Judicial Magistrate, Almora, to
expedite the hearing of Criminal Case No.163 of 2023,
State Vs. Kavita Mehra and Ors., and conclude the
same expeditiously.
9. Interim order dated 08.01.2024 stands
vacated.
(Pankaj Purohit, J.)
29.07.2025
PN
PREETI Digitally signed by PREETI NEGI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f
NEGI
0276c16432f6aab, postalCode=263001, st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D
84BDB0F9229D5BF08D959AC, cn=PREETI NEGI
Date: 2025.07.31 16:19:11 +05’30’
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