C482/2458/2019 of ARIF Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

-Criminal Misc. Application (C482) No. 2458 of 2019

Arif

…..Applicant

Versus

State of Uttarakhand and another ……Respondents

Mr. Pankaj Kumar Sharma, Advocate for the applicant.

Mr. Dinesh Chauhan, Brief Holder for the State of Uttarakhand.

Dated: 7[th] November, 2019

Hon’ble N.S. Dhanik, J.

By means of this application under Section 482 Cr.P.C., applicant has prayed for quashing the impugned charge-sheet dated 10.02.2018; summoning order dated 21.08.2018 along with the entire proceedings of Criminal Case No. 736 of 2018, (Case Crime No. 327/2017), under Sections 323, 504 & 506 of IPC, registered at Police Station Bhagwanpur, District Haridwar, pending before 2[nd] Additional Civil Judge (J.D.)/Judicial Magistrate Roorkee, District Haridwar.

2. Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon’ble Supreme Court in catena of decisions has held that the power available to High Court under

Section 482 of Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category.

3. Consequently, the application under Section 482 Cr.P.C. is hereby dismissed.

4. Let the applicant appears before the court concerned and moves application for his bail, which shall be considered, as far as possible on the same day itself on its merit in accordance with law. In case, it is deferred for any reason (including its rejection), the court shall forward the papers on the same day before the Sessions court which may consider the bail on the same day itself on the same terms as referred to the learned Magistrate.

A.Kaur

(N.S. Dhanik, J.)

07.11.2019