Raj Kumar & others vs State of Uttarakhand & another

Sudhanshu Dhulia, J.

Mr. Prakash Chandra, Advocate holding brief of Mr.Mohd. Allaudin, Advocate for the applicants.

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

A first information report was lodged by respondent no.2 against the present applicants, which was registered as Case Crime No.22 of 2016 under

Sections 420, 467, 468, 120-B & 34 of IPC, at P.S. Kotwali Laksar, District Haridwar. The police after investigation filed the charge-sheet against the

applicants, on which the learned Magistrate took cognizance and summoned the applicants vide order dated 01.09.2016. Against this order, a revision

was filed by the applicants which was also dismissed vide order dated 24.01.2017. Subsequently, non bailable warrants were issued against the

applicants on 02.2018. Aggrieved, the applicants have approached this Court by filing a present criminal miscellaneous application under Section 482

of Cr.P.C which was disposed of by this Court vide order dated 16.04.2018 by passing the following order:-

“A first information report has been lodged by respondent no.2 against the present applicants, which has been registered as Case Crime No.22

of 2016 under Sections 420, 467, 468, 120-B & 34 of IPC, at P.S. Kotwali Laksar, District Haridwar. The police after investigation filed the

chargesheet against the applicants, on which cognizance has been taken by the learned Additional Chief Judicial Magistrate, Laksar, District Haridwar

and summons have been issued to the applicants for the offences punishable under Sections 420, 406, 34 of IPC, vide order dated 01.09.2016. The

revision filed against the summoning order dated 01.09.2016 has also been dismissed by the learned Revisional Court vide order dated 24.01.2017. As

of now, non bailable warrants have also been issued against the applicants by the learned A.C.J.M, Laksar vide order dated 22.02.2018. Hence, the

applicants have filed this criminal miscellaneous application under Section 482 of Cr.P.C. invoking the inherent jurisdiction of this Court.

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

Let the applicants appear before the learned Magistrate and move an application for their bail, which shall be considered, as far as possible on the

same day itself on its merit in accordance with law. The non-bailable warrants issued against the applicants shall be kept in abeyance for a period of

two weeks from today in order to enable the applicants to appear before the court below.

Criminal misc. application filed under Section 482 of Cr.P.C. stands disposed.â€​

This Court vide order dated 16.04.2018 had directed the applicants to appear before the learned Magistrate and in order to enable the applicants to

appear before the court concerned, the non-bailable warrants issued against them were kept in abeyance for a period of two weeks.

The applicants have not complied with the order dated 16.04.2018. Now a time extension application (MCRC No.174 of 2018) has been filed on

behalf of applicant no.3 stating that he may be given some further time to appear before the learned court below.

This Court has already granted time to the applicants on 16.04.2018 to appear before the court concerned, but since they have not complied with

the said order, no interference is called for in the matter by this Court.

Time extension application stands dismissed.