High CourtsSingle Bench

Prem Mohan Kandari vs State of Uttarakhand & others

Uttarakhand High Court · Decided on 16 November 2017 · Citation: (2017) 11 UK CK 0033

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=1767-420>Section 420</a> - Cheating and dishonestly inducing delivery of property
RESULT
Disposed
CASE NUMBER
1580 of 2017
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Judgment

6 paragraphs · 190 words
1.

Mr. R.P. Nautiyal, Senior Advocate assisted by Ms. Varsha Sharma, Advocate for the applicant.

2.

Ms. Mamta Joshi, Brief Holder, for the State/respondent nos.1 and 2.

3.

The first information report was lodged by respondent no. 3 against the present applicant which has been registered as Case Crime No. 131 of 2015 under Section 420 of IPC, at Police Station Dalanwala, District Dehradun. After investigation, police filed the charge-sheet against the present applicant under Sections 420 / 468 and 471 of IPC. Consequently, the learned Magistrate took cognizance in the matter and issued summon to the present applicant. Hence, the present application under Section 482 CrPC.

4.

Considering the overall facts and circumstances of the case, at this stage, no interference is being called for by this Court as apparently there appears to be no abuse of process of law.

5.

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

6.

Consequently, the application under Section 482 CrPC stands disposed.