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Smt. Prabhawati Devi @ Prabha & Another vs State Of Uttarakhand & Another

Uttarakhand High Court · Decided on 8 January 2019 · Citation: (2019) 01 UK CK 0012

HON’BLE JUDGES
Manoj K. Tiwari, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 304B
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Application No. 37 Of 2019
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Judgment

7 paragraphs · 328 words

Manoj K. Tiwari, J

1.

By means of this application under Section 482 Cr.P.C., applicants have challenged the summoning order dated 10.12.2018 as well as proceedings of Criminal Case No.175 of 2018, under Sections 304-B of I.P.C., pending in the court of learned Judicial Magistrate, Gairsain, District Chamoli.

2.

Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon'ble Supreme Court in catena of decisions has held that power available to a High Court under Section 482 Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category.

3.

Consequently, the criminal miscellaneous application filed under Section 482 Cr.P.C. stands dismissed in-limine.

4.

Let the applicants appear before the court concerned on or before 16.01.2019 and move bail application. It is made clear that as soon as the applicants appear before the court below and move bail application(s), the same shall be considered, as far as possible on the same day itself on its merit. In case, the bail application is deferred for any reason (including its rejection), the concerned Magistrate shall forward the papers to learned Sessions Judge for deciding the bail application on the same day.

5.

Mr. R.P. Naugiyal, learned Senior Counsel for the applicant submits that learned Magistrate is stationed at Gairsain, while learned Sessions Judge, Chamoli is sitting at Gopeswar and it is not possible to forward the papers/documents (in case of rejection of bail) from Gairsain to Gopeshwar the same day.

6.

In such view of the matter, it is made clear that in case of rejection, applicants shall be enlarged on interim bail on furnishing their personal bond to the satisfaction of trial court for a period of two days. It is, however, made clear that if applicants fail to appear/surrender before learned Magistrate till 16.01.2019, then learned Magistrate shall be at liberty to proceed against the applicants, in accordance with law.