Brahmchari Dayanand vs State Of Uttarakhand on 13 July, 2026

    0
    8
    ADVERTISEMENT

    Uttarakhand High Court

    Brahmchari Dayanand vs State Of Uttarakhand on 13 July, 2026

                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions                     COURT'S OR JUDGE'S ORDERS
    No.
                 and Registrar's
                   order with
                   Signatures
    
                                   UKHC010108952026
                                   WPCRL/1178/2026
    
                                   Brahmchari Dayanand        ...........Petitioner
                                                       Versus
                                   State Of Uttarakhand       ........Respondent
    
                                   Hon'ble Alok Mahra, J.
    

    Mr. Brahamchari Sudhanand, learned
    counsel for the petitioner.

    2. Mr. Pradeep Lohani, learned A.G.A. along
    with Mr. Nikhil Bisht, learned Brief Holder for the
    State.

    SPONSORED

    3. By means of the present writ petition filed
    under Article 226 of the Constitution of India, the
    petitioner has prayed for issuance of a writ, order
    or direction quashing the judgment and order
    dated 18.02.2026 passed by the learned 1st
    Additional District and Sessions Judge, Haridwar
    in Criminal Revision No.272 of 2023, whereby
    the revisional court affirmed the order dated
    19.09.2023 passed by the learned Additional
    Chief Judicial Magistrate/1st Additional Senior
    Civil Judge, Haridwar in Complaint Case No.02
    of 2018, dismissing the petitioner’s complaint
    filed under Section 156(3) of the Cr.P.C.. The
    petitioner has further prayed that the complaint
    case be remanded to the Court of the learned
    Magistrate for fresh consideration and disposal
    in accordance with law after duly appreciating
    the statements recorded under Sections 200 and
    202 Cr.P.C., the medical evidence and the
    documentary evidence available on record,
    keeping in view the settled principles governing
    the exercise of jurisdiction under Sections 200,
    202 and 203 Cr.P.C.

    4. Learned counsel for the petitioner would
    submit that the petitioner had initially
    approached the police authorities by lodging a
    complaint regarding the alleged incident, but no
    F.I.R. was registered; that, thereafter, the
    petitioner submitted a representation to the
    Senior Superintendent of Police, Haridwar,
    requesting registration of the F.I.R.; however,
    despite the said representation, no action was
    taken by the police authorities; that,
    consequently, the petitioner instituted a
    complaint under Section 156(3) Cr.P.C. before
    the learned Additional Chief Judicial
    Magistrate/1st Additional Senior Civil Judge,
    Haridwar alleging commission of offences
    punishable under Sections 200-A, 295, 298, 323,
    324, 325, 326, 307, 341 and 342 I.P.C., which
    came to be registered as Complaint Case No.02 of
    2018.

    5. He would further submit that in support of
    the complaint, the petitioner produced his
    statement under Section 200 Cr.P.C., the
    statements of witnesses recorded under Section
    202
    Cr.P.C., medical evidence and other
    documentary evidence; that, however, the
    learned Magistrate, without properly appreciating
    the material brought on record, dismissed the
    complaint by order dated 19.09.2023 holding
    that no prima facie case was made out; that,
    aggrieved thereby, the petitioner preferred
    Criminal Revision No.272 of 2023 before the
    learned 1st Additional District and Sessions
    Judge, Haridwar, which also came to be
    dismissed by judgment and order dated
    18.02.2026 affirming the findings recorded by
    the learned Magistrate.

    6. Learned counsel for the petitioner would
    further submit that both the impugned orders
    are legally unsustainable, having been passed
    without proper appreciation of the evidence
    available on record; that, neither the statements
    recorded under Sections 200 and 202 Cr.P.C. nor
    the medical evidence and other documentary
    evidence filed in support of the complaint were
    duly considered while dismissing the complaint.
    According to the petitioner, the courts below
    failed to examine whether the material, if taken
    at its face value, disclosed the commission of
    cognizable offences warranting issuance of
    process.

    7. It is further submitted that the learned
    Magistrate failed to appreciate the settled legal
    position that contradictions, inconsistencies and
    disputed questions of fact are matters to be
    adjudicated during trial and not at the stage of
    consideration under Section 203 Cr.P.C.; that, at
    the said stage, the Magistrate is only required to
    examine whether sufficient grounds exist for
    proceeding against the accused and not whether
    the evidence would ultimately result in
    conviction. He would further submit that issues
    such as whether the petitioner sustained injuries
    in the alleged incident, the nature and extent of
    such injuries, the circumstances under which
    the incident occurred and the participation of the
    proposed accused are all disputed questions
    requiring appreciation of evidence during trial;
    that, by adjudicating these disputed factual
    issues at the threshold itself, the learned
    Magistrate virtually assumed the role of the trial
    court and exceeded the limited scope of inquiry
    contemplated under Sections 200, 202 and 203
    Cr.P.C.

    8. Learned counsel would further submit that
    at the stage of taking cognizance or considering
    dismissal of a complaint under Section 203
    Cr.P.C., the Magistrate is only required to
    ascertain whether the material placed before the
    Court discloses a prima facie commission of an
    offence; that, the complainant is not required to
    establish the guilt of the accused beyond
    reasonable doubt at that stage. It is contended
    that the reasoning adopted by the learned
    Magistrate reflects application of a standard akin
    to proof required for conviction instead of the
    well-settled test of prima facie satisfaction. It is
    further submitted that the revisional court also
    failed to exercise its revisional jurisdiction in
    accordance with law; that, instead of examining
    whether the learned Magistrate had correctly
    exercised jurisdiction under Section 203 Cr.P.C.
    while considering the complaint supported by the
    statements under Sections 200 and 202 Cr.P.C.,
    medical evidence and other documentary
    evidence, the revisional court merely affirmed the
    conclusions of the learned Magistrate without
    addressing the legal infirmities specifically raised
    by the petitioner. It is, therefore, submitted that
    both the impugned orders suffer from non-
    application of mind and are liable to be set aside.

    9. Per contra, learned State counsel opposed
    the writ petition and supported the impugned
    orders passed by the courts below, contending
    that no interference is warranted in exercise of
    the extraordinary jurisdiction of this Court.

    10. Having heard learned counsel for the
    parties and upon perusal of the material
    available on record, this Court finds that the
    learned Magistrate, while dismissing the
    complaint under Section 203 Cr.P.C., failed to
    consider the statements recorded under Sections
    200
    and 202 Cr.P.C. as well as the medical and
    documentary evidence produced by the petitioner
    in their proper perspective. At the stage of
    deciding whether process should be issued, the
    Magistrate is only required to ascertain whether
    the material placed before the Court discloses
    sufficient grounds for proceeding against the
    proposed accused. The impugned order of the
    learned Magistrate demonstrates that issues
    which ought to have been left for adjudication
    during trial were examined conclusively while
    considering the maintainability of the complaint
    itself.

    11. This Court further finds that the revisional
    court also failed to examine whether the learned
    Magistrate had exercised jurisdiction under
    Section 203 Cr.P.C. in accordance with the
    settled principles of law. Instead of scrutinising
    the legality, propriety and correctness of the
    order passed by the learned Magistrate, the
    revisional court merely concurred with the
    conclusions recorded therein without
    independently considering the legal objections
    raised by the petitioner. Consequently, both the
    impugned orders suffer from non-application of
    mind and cannot be sustained in law.

    12. Accordingly, the judgment and order dated
    19.09.2023 passed by learned Additional Chief
    Judicial Magistrate/1st Additional Senior Civil
    Judge, Haridwar as well as the order dated
    18.02.2026 passed by the learned 1st Additional
    District and Sessions Judge, Haridwar are
    hereby set aside. The matter is remanded to the
    Court of the learned Additional Chief Judicial
    Magistrate/1st Additional Senior Civil Judge,
    Haridwar/court concerned for fresh
    consideration of the complaint in accordance
    with law after duly considering the statements
    recorded under Sections 200 and 202 Cr.P.C.,
    the medical evidence and other documentary
    evidence available on record and after affording
    an opportunity of hearing to the
    petitioner/complainant.

    13. The writ petition is, accordingly, allowed to
    the aforesaid extent.

    14. Pending applications, if any, shall also
    stand disposed of.

                       Digitally signed by MAMTA
    
    
    
            MA
                       RANI
                       DN: c=IN, o=HIGH COURT
                       OF UTTARAKHAND,
                       ou=HIGH COURT OF            (Alok Mahra, J.)
                       UTTARAKHAND,
                                                    13.07.2026
            MTA
                       2.5.4.20=6a812005bebfcf4
                       6f244f3e584af1449e430ef9
    Mamta              00bf09a6d67ebbd6426713
                       29b, postalCode=263001,
                       st=Uttarakhand,
                       serialNumber=5de1751a4f
    
    
    
    
            RANI
                       1d9cabfd54852c9e68911ca
                       8b66dd26690a191648ab5d
                       8dd004ef0, cn=MAMTA
                       RANI
                       Date: 2026.07.13 17:58:48
                       +05'30'
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here