C482/982/2013 of Himanshu Sinha Vs State Of Uttarakhand AND ANOTHER

IN THE HIGH COURT OF UTTARAKHAND ATNAINITAL

Criminal Misc. Application No. 982 of 2013 (Under Section 482 Cr.P.C.)

Himanshu Sinha

…..….…… Applicant

versus

State of Uttarakhand and another ….……. Respondents

Mr. Suresh Chandra Bhatt, Advocate, present for the petitioner/applicant. Mr.M.A.Khan, learned AGA, assisted by Ms. Meena Bohara, Brief Holder, present for the State/respondent no.1.

U.C. Dhyani, J. (Oral)

The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the charge-sheet No. 350 of 2012, under Section 420 of IPC and Section 74 of The Information Technology Act, 2000, relating to PS Haldwani, District Nainital, pending in the Court of C.J.M., Nainital.

2. Upon filing of first information report by informant/respondent no. 2 against three accused-persons including the present applicant on 08.04.2012 at Police Station Kashipur, District Udham Singh Nagar, investigation began. After the investigation, charge-sheet under Section 420 IPC and Section 74 of the Information Technology Act, 2000, was submitted against all the three accused-persons including the applicant. Cognizance was taken and the

applicant was summoned to face the trial for the aforesaid offences. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved.

3. Learned counsel for the applicant, at the very outset, did not press the main relief and made an innocuous prayer that the bail application of the applicant be directed to be decided by the learned Magistrate on the same day, subject to his surrender. Learned counsel for the applicant, also submitted that the applicant is practicing lawyer at Civil Court, Haldwani and there is no likelihood of his misusing the bail.

4. There is no scope of interference in the impugned charge-sheet in view of the law laid down by Hon’ble Supreme Court in Rajiv Thapar and others vs. Madan Lal Kapoor (2013) 3 SCC 330 and Amit Kapoor vs. Ramesh Chander and another, (2013) 1 Supreme Court Cases (Cri) 986.Application under Section 482 Cr.P.C. is, therefore, dismissed as ‘not pressed’.

5. Learned counsel for the applicant submitted that the accused-applicant will surrender before the Magistrate concerned within fortnight. It is, therefore, provided that if the applicant surrenders and moves application for bail, his bail application shall be decided by the Magistrate concerned as earliest possible and without unreasonable delay.

(U.C.Dhyani,J.)

25.09.2013