High CourtsSingle Bench

Mahmood Hasan and another vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 12 December 2017 · Citation: (2017) 12 UK CK 0026

HON’BLE JUDGES
Sudhanshu Dhulia
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-482>Section 482</a>, <a href=3863-156>Section 156(3)</a> - Saving of inherent powers of High Court - Police officers power to Investigate cognizable case · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-376>Section 376</a>, <a href=1767-324>Section 324</a>, <a href=1767-379>Section 379</a>, <a href=1767-323>Section 323</a>, <a href=1767-506>Section 506</a>, <a href=1767-511>Section 511</a>, <a href=1767-504>Section 504</a> - Punishment for rape - Voluntarily causing hurt by dangerous weapons or means - Punishment for theft - Punishment for voluntarily causing hurt - Punishment for criminal ,intimidation - Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment - Intentional insult with intent to provoke breach of the peace
CASE NUMBER
683 of 2014
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Judgment

7 paragraphs · 255 words
1.

Mr. Lokendra Dobhal, Advocate, holding brief of Mr. Shivanand Bhatt, Advocate for the applicants.

2.

Ms. Mamta Joshi, Ms. Sangeeta Bhardwaj, Brief Holders, present for the State/respondent no. 1.

3.

An application under Section 156(3) CrPC was filed by respondent no. 2 before the learned Magistrate, on which the learned Magistrate directed the police authorities to lodge a first information report against the applicants, which was registered as Case Crime No. 23 of 2014 under Sections 379 / 323 / 324 / 376 / 511 / 504 and 506 of IPC, at Police Station Kotwali Mangalore, Roorkee, District Haridwar. After investigation, police filed the charge-sheet against the present applicants under Sections 323 / 324 / 504 and 354 of IPC. Consequently, the learned Magistrate took cognizance in the matter and criminal proceedings have been initiated against the applicants under Sections 323 / 324 / 504 and 354 of IPC. Hence, this application under Section 482 CrPC before this Court.

4.

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

5.

However, the applicants would be at liberty to move an application for their bail before the court below which shall be considered, as far as possible, on the same day itself on its merit in accordance with law.

6.

With the aforesaid observation, the application filed under Section 482 CrPC stands disposed.

7.

Let a certified copy of this order be issued today itself on payment of usual charges.