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2015 DIGILAW 463 (UTT)

TARUN TIWARI @ TARU TIWARI v. STATE OF UTTARAKHAND

2015-09-18

SUDHANSHU DHULIA

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JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Dinesh Chauhan, Advocate, for the applicant. 2. Mr. P.S. Saun, learned Deputy Advocate General, with Mr. H.S. Rawal, learned A.G.A, for the State/respondent no. 1. 3. The first information report was lodged by the respondent no. 2 against the present applicant under Sections 147/149/186/332/427/504/506 of IPC, which has been registered as FIR No. 50 of 2012 at Police Station Kotwali Almora, District Almora. After investigation the police filed the charge-sheet against the present applicant and consequently the learned Magistrate took cognizance in the matter and issued summons against the present applicant under Sections 147/149/186/332/427/504/506 of IPC and under Section 3(1)(x) of SC & ST Act. Hence, the present application under Section 482 CrPC before this Court. 4. According to the applicant, initially the first information report was filed only under Sections 147/149/186/332/427/504/506 of IPC. When the statement of complainant was recorded, thereafter another offence under Section 3(1) (x) of SC & ST Act had also been added. Prima facie, in the opinion of this Court, as far as offence under Section 3(1) (x) of SC & ST Act is concerned it seems to be after thought as such there is no allegation in the first information report and in any case, this is the matter for trial to determine. 5. At this stage, no interference is called for by this Court. The applicant would be at liberty to move an application for his bail before the court below, which shall be considered, as far as possible, on the same day itself, on the merits of the case. In case, for any reason, the bail is deferred, the court below shall consider granting interim bail to the applicant. 6. In view thereof, the application under Section 482 Cr.P.C. stands disposed. 7. Let a certified copy of this order be given to the learned counsel for the applicant today itself on the payment of usual charges.