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Judgments of Supreme Court of India and High Courts

C482/252/2019 on 20 February, 2019

C482 No. 252 of 2019
Hon’ble Manoj K. Tiwari, J.

Mr. M.K. Ray, Advocate for the
applicant.

Mrs. Preeta Bhatt, Brief Holder for the
State of Uttarakhand.

This C482 application has been filed by
applicants for quashing the chargesheet
dated 23.04.2018 as well as proceedings of
Criminal Case No. 6694 of 2018 pending in
the Court of learned Chief Judicial
Magistrate, Rudrapur, District Udham Singh
Nagar.

Earlier an F.I.R. was registered by the
complainant against the applicant. After
investigation, Investigating Officer submitted
charge sheet against the applicant. Same was
accepted by the Court. Thereafter, cognizance
was taken by the Magistrate and the
proceedings under Section 354, 354-A, 354-B
506 I.P.C. were initiated against the
applicant. Hence, this criminal misc.
application.

I have considered the submission
advanced by the learned counsel for the
parties.

In my considered opinion, this is not a
fit case in which inherent powers under
Section 482 of Cr.P.C. can be exercised.
Hon’ble Supreme Court in catena of
judgments has held that the High Court
should interfere in rarest of rare cases. This
Court does not find that this case comes
under that category.

Consequently, the criminal misc.
application is dismissed.

Learned counsel for the applicant then
prayed that applicant will surrender before
the Court concerned and the concerned
Court may be directed to decide their bail
applications same day. He also submits that
applicant has already been granted bail
under Section 354 I.P.C. by the learned
Sessions Judge, therefore, bail application of
the applicant under Section 354-A, 354-B
506 I.P.C. may be directed to be decided
same day by both the Courts below.

The applicant is directed to appear
before the Court concerned on or before
10.03.2019. It is made clear that as soon as
the applicant appears before the Court below
and moves bail application under the
aforesaid sections, the same shall be
considered, as far as possible on the same
day itself on its merit. In case, bail
application is deferred for any reasons
(including its rejection), the concerned
Magistrate shall forward the papers to the
Sessions Court for deciding the bail
application on the same day itself.

(Manoj K. Tiwari, J.)
Arpan 20.02.2019

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