Revisionists vs State Of Uttarakhand on 13 July, 2026

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    Uttarakhand High Court

    Revisionists vs State Of Uttarakhand on 13 July, 2026

                                                 UKHC010107812021
    
    
    
                                                             2026:UHC:5733
    
    
    HIGH COURT OF UTTARAKHAND AT NAINITAL
                Criminal Revision No. 217 of 2021
                              13 July, 2026
    
    
    Dr. Yuvraj Pant and
    Smt. Rashmi Pant
    
                                                            --Revisionists
                                   Versus
    State Of Uttarakhand
    and Smt. Parveen Jahan
    
                                                        --Respondents
    
    ----------------------------------------------------------------------
    Presence:-
    Mr. R.S. Sammal, learned Senior Counsel, assisted by Mr. Vishal
    Singh Mahara, learned counsel for the revisionists.
    Mr. S.S. Chauhan, learned D.A.G. alongwith Mr. Vikas Uniyal,
    learned Brief Holder for the State.
    ----------------------------------------------------------------------
    
    Hon'ble Alok Mahra, J.
    

    The present criminal revision is preferred against

    the impugned order dated 17.08.2021 passed by learned

    SPONSORED

    2nd Additional Sessions Judge, District Nainital in

    Session Trial No. 26 of 2018, State Vs. Umesh Singh

    Bankoti, under Section 302 of IPC, registered at Police

    Station-Haldwani, District Nainital, by which, the

    application filed by the prosecution under Section 319

    Cr.P.C. was allowed and the revisionists were summoned

    as accused to face trial under Section 302 IPC.

    2. Brief facts of the case, in a nutshell, are that:-

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    An FIR was lodged by mother of the deceased on

    25.06.2017 under Section 302 IPC, wherein, it was

    alleged that the deceased was admitted for de-addiction

    in the Nirvana Drug Addiction Eradication/Rehabilitation

    Centre, Heera Nagar, Haldwani, Disrict Nainital, where

    revisionist no. 2 is the coordinator. It is further alleged

    that her son-in-law Mr. Mohsin received a phone call in

    the night of 23.06.2017 at about 11:00-11:30 PM,

    wherein, revisionist no. 2 informed him that 10-12

    patients have escaped from the Rehabilitation centre and

    thereafter when his son-in-law reached there, he found

    that the deceased was lying injured and unconscious in

    the ambulance of rehabilitation centre. When her son-in-

    law asked them to take the deceased to Sushila Tiwari

    Hospital, the staff of the Rehabilitation Centre refused to

    take the deceased in their ambulance car. Thereafter, the

    staff members of the rehabilitation centre shifted the

    deceased to the car of Mr. Mohsin and Mr. Mohsin took

    the deceased to Sushila Tiwari Hospital, Haldwani, where

    the doctors declared him brought dead. After

    investigation, chargesheet was submitted under Section

    302 IPC against one Umesh Singh Bankoti, who was the

    driver in Rehabilitation Centre. The charge framed

    against him was that while trying to catch hold of the

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    deceased, the accused stabbed him which led to the

    death of the deceased. The Investigating Officer recovered

    the knife from the spot from where such incident was

    alleged to have taken place. Thereafter, trial was

    committed and on the basis of statement of the PW-3,

    Mr. Mohsin, who was son-in-law of the informant, the

    application filed by the prosecution under Section 319

    Cr.P.C. was allowed, wherein, he has stated that he

    received a phone call in the night of 23.06.2017 at about

    11:00-11:30 PM whereby revisionist no. 2 had informed

    him that 12-13 inmates of the Centre have tried to

    escape from the Centre and the staff of the Centre have

    gone in their search. Thereafter, PW3, son-in-law of the

    informant arrived at the Centre where he was told that

    deceased is lying in the ambulance and when he asked to

    take him to Sushila Tiwari Hospital, they refused. Then

    he himself took him to the hospital where the doctors

    declared him brought dead.

    3. Mr. R.S. Sammal, learned Senior Counsel

    appearing for the revisionists would submit that

    revisionist no. 1 is a psychologist while revisionist no. 2

    is the coordinator of the Rehabilitation Centre, Haldwani

    where the deceased was admitted. Learned Senior

    Counsel for the revisionists would also submit that the

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    trial has concluded and the main accused has been

    acquitted in the trial and there is no evidence found

    against the chargesheeted person inasmuch as even the

    weapon alleged to have been used in the incident was not

    verified and it was proved doubtful. It is further

    submitted that the revisionist no.1 only makes a day visit

    to the De-Addition/Rehabilitation Centre and he has no

    role to play in the affairs of the Centre while revisionist

    no. 2 is Coordinator of the Centre and she also leaves the

    Centre everyday in the evening. It is further submitted

    that during the investigation and also in the chargesheet,

    no role has been assigned to the revisionists.

    4. Learned Senior Counsel for the revisionists has

    placed reliance upon a judgment passed by Hon’ble

    Supreme Court in the case of Hardeep Singh Vs. State of

    Punjab and Others reported in (2014) 3 SCC 926,

    wherein, it is held that power under Section 319 Cr.P.C.

    is a discretionary and an extraordinary power. It is to be

    exercised sparingly and only in those cases where the

    circumstances of the case so warrant. It is not to be

    exercised because the Magistrate or the Sessions Judge

    is of the opinion that some other person may also be

    guilty of committing that offence. Only where strong and

    cogent evidence occurs against a person from the

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    evidence led before the court that such power should be

    exercised and not in a casual and cavalier manner. For

    ready reference, paragraph nos. 105 and 106 of the

    judgment are extracted hereinbelow:-

    “105. Power under Section 319 CrPC is a discretionary and an
    extraordinary power. It is to be exercised sparingly and only in
    those cases where the circumstances of the case so warrant. It is
    not to be exercised because the Magistrate or the Sessions Judge
    is of the opinion that some other person may also be guilty of
    committing that offence. Only where strong and cogent evidence
    occurs against a person from the evidence led before the court
    that such power should be exercised and not in a casual and
    cavalier manner.

    106. Thus, we hold that though only a prima facie case is to be
    established from the evidence led before the court, not necessarily
    tested on the anvil of cross-examination, it requires much stronger
    evidence than mere probability of his complicity. The test that has
    to be applied is one which is more than prima facie case as
    exercised at the time of framing of charge, but short of satisfaction
    to an extent that the evidence, if goes unrebutted, would lead to
    conviction. In the absence of such satisfaction, the court should
    refrain from exercising power under Section 319 CrPC. In Section
    319
    CrPC the purpose of providing if “it appears from the evidence
    that any person not being the accused has committed any offence”

    is clear from the words “for which such person could be tried
    together with the accused”. The words used are not “for which
    such person could be convicted”. There is, therefore, no scope for
    the court acting under Section 319 CrPC to form any opinion as to
    the guilt of the accused.”

    5. Learned Senior Counsel for the revisionists has

    further placed reliance upon a judgment passed by

    Hon’ble Supreme Court in the case of Periyasami and

    Others Vs. S. Nallasamy, reported in (2019) 4 SCC 342.

    For ready reference, paragraph no. 11 of the judgment is

    extracted hereinbelow:-

    “11. The learned counsel for the appellants also refers to a recent
    order of this Court in Labhuji Amratji Thakor v. State of
    Gujarat [Labhuji Amratji Thakor v. State of Gujarat, (2019) 12
    SCC 644 : 2018 SCC OnLine SC 2547] , where, the order of
    summoning the additional accused on the basis of the statements
    of some of the witnesses in the witness box was set aside for the

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    reason that there is not even suggestion of any act done by the
    appellants amounting to an offence under Sections 3 and 4 of the
    Protection of Children from Sexual Offences Act, 2012. It was held
    as under : (SCC OnLine SC para 12)

    “… The Court has to consider substance of the evidence, which
    has come before it and as laid down by the Constitution Bench
    in Hardeep Singh [Hardeep Singh v. State of Punjab, (2014) 3 SCC
    92 : (2014) 2 SCC (Cri) 86] has to apply the test i.e. ‘more than
    prima facie case as exercised at the time of framing of charge, but
    short of satisfaction to an extent that the evidence, if goes
    unrebutted, would lead to conviction.’….”

    6. On this basis, learned Senior Counsel has

    submitted that in the whole investigation, not a single

    doubt has been raised against any of the revisionists and

    moreover it is submitted that in the trial, the person

    namely Umesh Singh Bankoti, who was chargesheeted

    under Section 302 of IPC have also been acquitted vide

    order dated 23.04.2026 passed by learned 2nd Additional

    Session Judge, Nainital in Session Trial No. 26 of 2018. It

    is thus submitted that the impugned order deserves to be

    set aside and the criminal revision deserves to be

    allowed.

    7. Heard learned counsel for the parties and perused

    the record.

    8. This Court finds that the application of the

    prosecution under Section 319 Cr.P.C. have been allowed

    by the learned 2nd Additional Sessions Judge, District

    Nainital only on the basis of the statement of PW-3. This

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    Court, after perusing the statement of PW-3, would reveal

    that no allegation or role has been assigned against the

    revisionists in relation to the said incident. The Trial

    Court, while considering the substance of evidence, has

    to apply the test that there should be more than prima

    facie case as exercised at the time of framing of charge,

    but short of satisfaction to an extent that the evidence, if

    goes unrebutted, would lead to conviction. Before

    allowing the application under Section 319 Cr.P.C., the

    evidence against the persons, who have been made the

    accused, should be strong and cogent rather than mere

    suspicion. The power under Section 319 Cr.P.C. is

    extraordinary and should be exercised sparingly. The

    Court must assess whether the evidence on record, if

    unrebutted, reasonably indicates the involvement of the

    proposed accused.

    9. In view of the above, this Court finds that there

    was no cogent and strong evidence against the

    revisionists and the application under Section 319

    Cr.P.C. have been allowed and the revisionists have been

    summoned as proposed accused only on the basis of

    suspicion.

    10. Accordingly, the criminal revision is allowed.

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    Consequently, the impugned order dated 17.08.2021

    passed by learned 2nd Additional Sessions Judge, District

    Nainital in Session Trial No. 26 of 2018; State Vs. Umesh

    Singh Bankoti (now-Sessions Trial No. 12 of 2024) is set-

    aside.

    11. Pending applications, if any, also stand disposed

    of accordingly.

    (Alok Mahra, J.)
    13.07.2026
    Ujjwal

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