High CourtsSingle Bench

Rohit @ Durga vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 13 December 2017 · Citation: (2017) 12 UK CK 0029

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=1767-324>Section 324</a>, <a href=1767-323>Section 323</a>, <a href=1767-325>Section 325</a>, <a href=1767-506>Section 506</a>, <a href=1767-504>Section 504</a> - Voluntarily causing hurt by dangerous weapons or means - Punishment for voluntarily causing hurt - Punishment for voluntarily causing grievous hurt - Punishment for criminal ,intimidation - Intentional insult with intent to provoke breach of the peace
RESULT
Disposed
CASE NUMBER
1714 of 2017
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Judgment

7 paragraphs · 258 words
1.

Mr. Mohd. Safdar, Advocate, present for the applicant.

2.

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

3.

The first information report has been lodged by respondent no. 2 against the present applicant which has been registered as Case Crime No. 417 of 2016 under Sections 323 / 325 / 504 / 506 and 324 of IPC, at Police Station Mangalore, Roorkee, District Haridwar. After investigation, police filed the charge-sheet against the present applicant under Sections 323 / 324 / 325 / 504 / 506 and 308 of IPC and consequently the learned Magistrate took cognizance in the matter and issued summons against the present applicant. Hence, the present application under Section 482 CrPC.

4.

Learned counsel for the applicant submits that during the course of investigation, the applicant cooperated with the Investigating agency and will continue to do so.

5.

However, considering the overall facts and circumstances of the case and the fact that the charge-sheet has been filed in the matter, at this stage, no interference is being called for by this Court in the matter.

6.

Let the applicant appear before the court concerned and move an application for his bail, which shall be considered, as far as possible, on the same day itself, on its merits, in accordance with law. In case, it is deferred for any reason (including its rejection), the court below shall forward the papers on the same day before the Sessions court.

7.

Consequently, the application filed under Section 482 CrPC stands disposed.