High Court · 2025

Mr. D.C.S. Rawat , Advocat e for t he applicant . Mr. Rakesh Kum ar Joshi, Brief Holder for t he St at e of Ut t arakhand. t he applicant

2. Present crim inal m isc. applicat ion has been by quashing t he im pugned charge sheet , dat ed sum m oning/ cognizance 01.07.2016 as well as ent ire proceedings of Crim inal Case No.2625 of 2016 learned t he Court pending Addit ional Chief Judicial Magist rat e I I nd, Dehradun. Kriyavayan t he applicant of Ut t arakhand; The case of t he applicant is t hat she 3. is owner of Car, bearing regist rat ion num ber UK07- BH- 8470, which was given t o one Mr. Mohit Nawani, who is t he Advisor of 20 Sut riya Sam it i, Karyakarm Governm ent t hat applicant was nom inat ed as St at e Chairm an of Mahila Morcha of Nat ional and Crim e Cont rol Hum an Right s t he Organizat ion; applicant was seized on 21.02.2016 for t he offences punishable under Sect ion 207 of Mot or Vehicles Act , inasm uch as, nam e/ designat ion plat e of 20 Sut riya Karyakarm Sam it i, Governm ent of Ut t arakhand was inst alled t he Car, 3 nam e/ designat ion plat es, nam ely, ( i) Chairm an Mahila Prakost Nat ional Hum an Right s and Crim e Cont rol Organizat ion, ( ii) St at e President , Mahila Morcha t he Car and, t he Car of Kriyavyan t hat Nat ional Hum an Right s and Crim e Cont rol Organizat ion and ( iii) Secret ary, Mahila Morcha Nat ional Hum an Right s and Crim e Cont rol Organizat ion were recovered and when t he Officer, who seized t he Car, asked t he applicant t o produce docum ent s relat ing t o aforesaid plat es, she could not produce t he sam e, as such F.I .R. was lodged against her under Sect ions 417, 419, 476 & 482 I .P.C. at Police St at ion Pat el Nagar, Dist rict Dehradun. t he applicant , on 22.02.2016, Mr. Mohit Nawani filed an affidavit before S.H.O., Pat el Nagar, Dehradun st at ing t herein t hat he is using t he Car of t he applicant and nam e/ designat ion plat es belong t o him . According t o

4. Learned counsel for t he applicant subm it s t hat offences under Sect ion 417 and 419 I .P.C. are not m ade out against t he applicant , inasm uch as, she did not t ry t o deceive anyone by m aking a false or m isleading represent at ion or by any ot her act ion or om ission. He furt her subm it s t hat offence under Sect ion 482 Cr.P.C. is also not m ade out against t he applicant , as she has not used any false propert y m ark. He subm it s t hat applicant has already paid t he fine in respect of Challan m ade under Sect ion 207 of Mot or Vehicles Act . t hat , during

5. Per cont ra, learned St at e Counsel invest igat ion, subm it s applicant could not show any docum ent s relat ing nam e/ designat ion plat es. He furt her subm it s t hat applicant was m isusing t he aforesaid nam e/ designat ion plat es for her personal gains. aforesaid t he t o

6. Considering t he fact s t he subm it t ed in quashing t he case and also circum st ances of t hat Mr. Mohit considering Nawani him self affidavit before t he S.H.O., Police St at ion Pat el Nagar, Dehradun, no offence under Sect ions 417, 419, 476 & 482 I .P.C. is m ade out against t he applicant . I n such view of t he m at t er, t his Court has no hesit at ion im pugned sum m oning/ cognizance charge order dat ed 01.07.2016 passed by Addit ional Chief Judicial Magist rat e I I nd, Dehradun in Crim inal Case No.2625 of 2016 and also t he ent ire proceedings of Crim inal Case No.2625 of 2016 pending against t he applicant in t he Court of learned Judicial Magist rat e I I nd, Dehradun under Sect ion 417, 419, 476 & 482 I .P.C. Addit ional sheet , Chief t he t his crim inal 7. Accordingly, m iscellaneous applicat ion under Sect ion 482 Cr.P.C. is allowed. I m pugned charge sum m oning/ cognizance sheet , dat ed 01.07.2016 as well as ent ire proceedings of Crim inal Case No.2625 of 2016 pending against t he applicant in t he Court of learned Addit ional Chief Judicial Magist rat e I I nd, Dehradun, are hereby quashed. ( A l o k M a h r a , J.)

08.04.2025 Arpan ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c04853654 45e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454 C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL