High CourtsSingle Bench

Deepak Goyel vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 23 November 2017 · Citation: (2017) 11 UK CK 0041

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=1767-201>Section 201</a> - Causing disappearance of evidence of offence or giving false information to screen offender
RESULT
Disposed
CASE NUMBER
1634 of 2017
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Judgment

6 paragraphs · 210 words
1.

Mr. M.K. Ray, Advocate, present for the applicant.

2.

Ms. Mamta Joshi, Brief Holder, present for the State/respondent no.1.

3.

The first information report was lodged by respondent no. 2 against some unknown persons, which has been registered as Case Crime No. 102 of 2016 under Section 201 of IPC, at Police Station Kotdwar, District Pauri Garhwal. However, the name of the present applicant surfaced during the course of investigation. Consequently after investigation, police filed the charge-sheet against the present applicant and thereafter the learned Magistrate took cognizance in the matter. Hence, this application under Section 482 CrPC has been filed by the applicant before this Court praying that charge sheet be quashed and also prays that entire proceedings in Criminal Case No.581 of 2017 pending in the court of learned Additional Chief Judicial Magistrate, Pauri Garhwal be stayed.

4.

However, considering the overall facts and circumstances of the case, no interference is being called for by this Court in the matter.

5.

However, in case the applicant appears before the court below and moves his bail, the same shall be considered, as far as possible, on the same day itself, on its merits, in accordance with law.

6.

Consequently, the application filed under Section 482 CrPC stands disposed.