High CourtsSingle Bench

Arshad & others vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 9 January 2018 · Citation: (2018) 01 UK CK 0057

HON’BLE JUDGES
Sudhanshu Dhulia
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-482>Section 482</a> - Saving of inherent powers of High Court · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-323>Section 323</a>, <a href=1767-504>Section 504</a> - Punishm
RESULT
Disposed off
CASE NUMBER
18 of 2018

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Judgment

13 paragraphs · 243 words
1.

Mr. B.M. Pingal, Advocate, present for the applicants.

2.

Ms. Mamta Joshi, Brief Holder, present for the State of Uttarakhand/respondent No.1.

3.

In this case, an NCR being 55 of 2015 has been moved by respondent No. 2 before the Police Station Sitarganj, Udham Singh Nagar under

Sections 323 and 504 of IPC. Thereafter, respondent No.2 moved an application before the learned Additional Judicial Magistrate, Khatima,

Udham Singh Nagar with a prayer that the Police be directed to investigate the said NCR. Consequently, the learned Magistrate directed the

Police Authorities to investigate the matter. Subsequently, the Police investigated the matter and filed the charge sheet against the present

applicants. Consequently, the learned Magistrate took cognizance in the matter and issued summons against the applicants. Hence the present

application has been filed by the applicants under Section 482 of Cr.P.C., invoking the inherent jurisdiction of this Court.

4.

Considering the facts and circumstances of the case and the nature of offences, no interference is being called for by this Court in the matter.

5.

Let the applicants appear before the learned Magistrate and move an application for their 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 or rejected for any reason, the learned Magistrate shall consider

granting an interim bail to the applicants.

6.

Consequently, the application filed under Section 482 of Cr.P.C., stands disposed.