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Tara Chand Dhiman vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 14 February 2011 · Citation: (2011) 02 UK CK 0011

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 156(3), 482 · Penal Code, 1860 (IPC) — Section 182
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Application (C-482) No. 35 of 2011
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Judgment

5 paragraphs · 238 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioner has sought quashing of the proceedings of Criminal Case No. 2650 of 2010 State v. Tara Chand, relating to offence punishable u/s 182 of I.P.C., police station Jwalapur, pending in the court of Chief Judicial Magistrate, Haridwar.

3.

Brief facts of the case are that an application u/s 156(3) of Code of Criminal Procedure was moved by the Petitioner, on the basis of which a Crime No. 521 of 2007 was registered. After investigation, final report was submitted in the matter. The Chief Judicial Magistrate, while accepting the final report, found it to be a case of the nature in which the cognizance of offence punishable u/s 182 of I.P.C. is required to be taken against the complainant, and took the cognizance vide its order dated 29.10.2010.

4.

Having considered submissions of learned Counsel for the parties, and after going through the papers on record, this Court is not inclined to interfere with the trial of the case.

5.

Therefore, the petition u/s 482 of Code of Criminal Procedure is dismissed with the observation that if the Petitioner Tara Chand Dhiman surrenders before the court concerned, and moves application for bail, his bail application shall be heard and disposed of without unreasonable delay. (Urgency Application No. 774 of 2011 also stands disposed of).