High CourtsSingle Bench

Suneet Mathur vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 11 January 2018 · Citation: (2018) 01 UK CK 0002

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>, <a href=1767-468>Section 468</a>, <a href=
RESULT
Dismissed
CASE NUMBER
42 of 2018

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Judgment

13 paragraphs · 244 words
1.

Mr. M.S. Pal, Senior Advocate assisted by Mr. Suraj Pandey, Advocate present for the applicant.

2.

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

3.

Initially, the applicant has invoked the inherent jurisdiction of this Court under Section 482 of CrPC for quashing and setting aside the impugned

charge-sheet dated 01.05.2013 in FIR No. 387 of 2012 under Sections 420/467/468 and 471 of IPC and summoning order dated 28.05.2013

passed by the learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 1878 of 2013.

4.

A learned Single Judge of this Court vide order dated 20.01.2015 had quashed the proceedings of the criminal case. Against this order, the

complainant filed an SLP before the Hon''ble Apex Court, where the Hon''ble Apex Court had set aside the order passed by the learned Single

Judge of this Court vide order dated 28.11.2017 and parties were directed to appear before the trial court for further proceedings.

5.

Since the matter has attained the finality, no interference is liable to be made by this Court.

6.

Consequently, the criminal misc. application filed under Section 482 of CrPC stands dismissed.

7.

Let the applicant appear before the court concerned and face the trial in accordance with law. However, it is made clear that in case the

applicant appears before the court concerned and moves his bail application, the same shall be considered as expeditiously as possible in

accordance with law.