Mohd. Parvez and another vs State of Uttarakhand & another

Mr. Lokendra Dobhal, Advocate, present for the applicants.

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

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.

Since the applicants did not appear before the court below, the learned Magistrate issued the non-bailable warrants against the applicants which were kept in abeyance by a learned Single Judge of this Court vide order dated 19.01.2015.

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

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.

With the aforesaid observation, the application filed under Section 482 CrPC stands disposed. Interim order dated 19.01.2015 stands vacated.

It is, however, made clear that the non-bailable warrants issued against the applicants shall be kept in abeyance for a period of one week from today in order to enable the applicants to appear before the court concerned.

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