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2016 DIGILAW 330 (UTT)

AMIT v. STATE OF UTTARAKHAND

2016-07-12

SUDHANSHU DHULIA

body2016
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr. Sanjeev Singh, Advocate, present for the applicant. 2. Ms. Mamta Joshi, Brief Holder, present for the State/respondent no.1 3. Supplementary affidavit filed on behalf of applicant in the Court is taken on record. 4. The first information report has been lodged by the respondent no.2 against the present applicant, which has been registered as Case Crime No. 357 of 2015 for the offences under Sections 147/148/452/323/324/506 of IPC, at Police Station-Roorkee, District-Haridwar. After investigation, police submitted charge sheet against the present applicant. Consequently, the learned Magistrate took cognizance in the matter against the present applicant. Hence, the applicant has filed present application under Section 482 Cr.P.C., invoking the inherent jurisdiction of this Court. 5. The applicant is made an accused under Sections 323/324/325/308/504/506 of IPC. The First Information Report in this case has been lodged on 05.12.2015. According to the applicant, prior to lodging of the First Information Report, the mother of the applicant had already lodged the First Information Report against the husband of respondent no. 2 (who is complainant in the present case) on 14.10.2015. In the said case charge sheet has already been filed and trial is going on before the court concerned. Subsequently, the present complainant, regarding the same incident, moved an application under Section 156(3) of Cr.P.C., on 23.11.2015 before the court concerned. Admittedly, the incident took place on 09.10.2015 and there is unreasonable delay in moving the above application before the court concerned by the complainant. 6. Considering the facts and circumstances of the case and the nature of offence, an interference is being called for by this Court in the matter. 7. In view thereof, further proceedings of Criminal Case No. 541 of 2016 under Sections 323/324/325/308/504/506 of IPC, pending in the court of Additional Chief Judicial Magistrate, Roorkee, Haridwar, shall remain stayed till the next date of listing. 8. Issue notice to the respondent no.2. Steps to be taken within a week. 9. Three weeks time is granted to the respondents to file counter affidavit. 10. List this matter on 11.08.2016 in the daily cause list.