UTKARSH AGARWAL vs STATE OF UTTARAKHAND AND ANOTHER

Sudhanshu Dhulia, J. (Oral)

A first information report has been lodged by respondent no. 2 against the present applicant, which has been registered as Case Crime No. 198 of

2017 under Section 420 of I.P.C. at P.S. Kashipur, District Udham Singh Nagar. The police after investigation filed the chargesheet against the

present applicant, on which cognizance has been taken by the learned Additional Chief Judicial Magistrate, Kashipur and summons have been issued

to the applicant. Hence, the applicant has filed this criminal misc. application under Section 482 of Cr.P.C. invoking the inherent jurisdiction of this

Court.Â

Learned Senior Counsel for the applicant has argued that the averments made in the first information report in fact do not disclose it to be a case

under Section 420 IPC, but at best it can be a case under Section 177 and 182 of IPC i.e. giving false information to the police.Â

This Court at this stage would not go into this aspect but definitely the applicant would always be at liberty to invoke the jurisdiction of court below

for discharge, at an appropriate stage, as the case of the applicant before this Court is that there is absolutely no evidence against him for the offence

under Section 420 IPC. This Court, however, is not inclined to invoke its jurisdiction under Section 482 Cr.P.C.

Consequently, Criminal Misc. Application filed under Section 482 CrPC is dismissed. However, it is directed that in case the applicant appears

before the learned Magistrate and move an application for his bail, the same shall be considered, as far as possible on the same day itself on its merit

in accordance with law. Â