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2017 DIGILAW 236 (UTT)

TAPO VARDHAN VARMA v. STATE OF UTTARAKHAND

2017-04-12

U.C.DHYANI

body2017
JUDGMENT U.C. Dhyani, J.(Oral) By means of present petition under Section 482 Cr.P.C., the petitioner seeks to set aside/quash the criminal proceeding in criminal case no. 3403 of 2011, under Section 134 of the Representation of the People Act, State vs Tapo Vardhan Varma and others, pending in the court of Chief Judicial Magistrate, Udham Singh Nagar. 2. When, in the year 2008, the elections of Local Bodies were held, the petitioner during the relevant period was posted as lecturer in Government Inter College, Shantipuri, Udham Singh Nagar. The District Election Officer appointed the petitioner as Presiding Officer under intimation to the Principal, Govt. Inter College, Shantipuri, District Udham Singh Nagar. The petitioner was sent for a Government training programme to Dehradun which was scheduled already in compliance of letter dated 31st March/1st April by Director of School Education, Dehradun and letter dated 04.04.2008 of District Education Officer, Udham Singh Nagar. 3. On receipt of letter/order of District Election officer, the Principal, Govt. Inter College, Shantipuri, immediately apprised the District Election Officer about the actual fact vide its letter dated 09.04.2008, and also sent a letter to Director of Education, Dehradun on 10.04.2008, to relieve the petitioner immediately for participating in training for the purpose of elections.. 4. On account of above mentioned unavoidable circumstances petitioner was not in a position to join the first training which was scheduled on 11.04.2008 and an FIR was lodged on 13.04.2008 under Section 134 of the Representation of the People Act. 5. Petitioner was not aware about the lodging of the FIR. Petitioner was relieved from training of E-Class-Validation camp on 11.04.2008 afternoon and petitioner joined the duty at school on 12.04.2008 and received letter/order of District Election Officer, Udham Singh Nagar, appointing the petitioner as Presiding Officer and moved a letter to District Election Officer, Udham Singh Nagar on 15.04.2008 to seek permission for discharging his duty as Presiding Officer. Petitioner was authorized to discharge his duty as Presiding Officer vide order/letter dated 18.04.2008. 6. Accordingly, petitioner joined his duty as Presiding Officer at 54 Arya Kanya Junior High School, Lohoriyan, class no. 2 and discharged his duty to the satisfaction of his authorities. 7. It is the submission of learned counsel for the petitioner that there was default of the petitioner on single day and, thereafter he attended the training programme. He also participated in the election process as Presiding Officer. 2 and discharged his duty to the satisfaction of his authorities. 7. It is the submission of learned counsel for the petitioner that there was default of the petitioner on single day and, thereafter he attended the training programme. He also participated in the election process as Presiding Officer. The absence was inadvertent, inasmuch as the petitioner was sent to a workshop in Dehradun on the date of alleged absence. 8. Although jurisdiction under Section 482 Cr.P.C. has to be exercised sparingly, carefully and with caution, but this is one such case, in which inherent power under Section 482 Cr.P.C. should be exercised. The power is to be exercised ex debito justitiae, i.e., to do real and substantial justice for administration of which alone, the courts exists. 9. Petition under Section 482 of Cr.P.C. is, therefore, allowed. Criminal proceeding in criminal case no. 3403 of 2011, under Section 134 of the Representation of the People Act, State vs Tapo Vardhan Varma and others, pending in the court of Chief Judicial Magistrate, Udham Singh Nagar are hereby quashed qua petitioner only.