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Bhagat Singh vs State of Uttarakhand and Devendra Pal Singh

Uttarakhand High Court · Decided on 8 August 2011 · Citation: (2011) 08 UK CK 0067

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 308, 323, 504, 506
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Application (C-482) No. 710 of 2011 and Stay Application No. 925 of 2011
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Judgment

5 paragraphs · 208 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, (for short of Code of Criminal Procedure), the 2 Petitioner has sought quashing of the proceedings of Criminal Case No. 1136 of 2011, State v. Bhagat Singh, relating to offences punishable u/s 323, 504, 506 and 308 I.P.C., Police Station Kashipur, District Udham Singh Nagar, pending in the court of Additional Chief Judicial Magistrate, Kashipur.

3.

Learned Counsel for the Petitioner submitted that the offence punishable u/s 308 of I.P.C., is unnecessarily added in the charge sheet. It is pleaded that a case of simple MARPEET has been exaggerated.

4.

Having considered submissions of learned Counsel for the Petitioner, and learned Counsel for the State, and after going through the papers on record, this Court is of the view that it is not desirable on the part of this Court to appreciate the factual pleas of defence.

5.

Therefore, the petition u/s 482 of Code of Criminal Procedure, is dismissed summarily, with the observation that if the Petitioner Bhagat Singh surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay, keeping in mind that the incident in substance relates to simple MAARPEET.