Disposal of a criminal miscellaneous application seeking quashing of proceedings; dismissal of the application with liberty to raise contentions at charge framing and directions for bail.
Application dismissed; interim order vacated; bail application to be decided same day upon appearance.
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C482 No. 92 of 2013 Hon’ble Manoj K. Tiwari, J.
Mr. Tapan Singh, Advocate for the applicant.
Mr. Pratiroop Pandey, Assistant Government Advocate for the State of Uttarakhand.
Heard learned counsel for the parties. This C482 application has been filed by applicant for quashing the impugned summoning order dated 19.01.2013, chargesheet dated 23.02.2012 as well as entire proceedings of Criminal Case No. 371 of 2013 pending in the Court of learned Chief Judicial Magistrate, Haridwar.
Earlier an F.I.R. was registered by the complainant. During investigation, name of the applicant came in to light. Thereafter, Investigating Officer submitted charge sheet against the applicant. Same was accepted by the Court. Thereafter, cognizance was taken by the Court and the impugned summoning order has been passed. Against the summoning order, present criminal misc. application has been filed by the applicant.
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. Interim order dated
17.04.2013 passed by this Court stands vacated. However, applicant will be at liberty to raise all his contentions at the time of framing of charge.
Learned counsel for the applicant then prayed that applicant will surrender before the Court concerned and the concerned Court may be directed to decide his bail applications same day.
The applicant is directed to appear before the Court concerned on or before 13.05.2019. It is made clear that as soon as the applicant appears before the Court below and moves bail application, 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.)
NEHA 03.05.2019
Neha
State of Uttarakhand
Manoj K. Tiwari
As recorded by the court registry
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