High CourtsSingle Bench

Ramniwas vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 23 November 2017 · Citation: (2017) 11 UK CK 0043

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=1767-147>Section 147</a>, <a href=1767-323>Section 323</a>, <a href=1767-506>Section 506</a>, <a href=1767-149>Section 149</a>, <a href=1767-427>Section 427</a>, <a href=1767-452>Section 452</a>, <a href=1767-504>Section 504</a> - Punishment for rioting - Punishment for voluntarily causing hurt - Punishment for criminal ,intimidation - Every member of unlawful assembly guilty of offence committed in prosecution of common object - Mischief causing damage to the amount of fifty rupees - House -trespass after preparation for hurt, assault or wrongful restraint - Intentional insult with intent to provoke breach of the peace
RESULT
Disposed
CASE NUMBER
1640 of 2017
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Judgment

5 paragraphs · 202 words
1.

Mr. Mohd. Umar, Advocate holding brief of Mr. Mohd. Allaudin, Advocate for the applicant.

2.

Ms. Mamta Joshi, Brief Holder, 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 applicant, which was registered as Case Crime No. 259 of 2015 under Sections 147 / 149 / 323 / 452 / 504 / 506 and 427 of IPC, at Police Station Kotwali Laksar, District Haridwar. After investigation, police filed the charge-sheet against the present applicant. Consequently, the learned Magistrate took cognizance in the matter. 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. 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 merit in accordance with law.

5.

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