Ramesh Satyanarayan Mattaparthi v. State of Uttarakhand
2016-07-29
U.C.DHYANI
body2016
DigiLaw.ai
JUDGMENT : U.C. Dhyani, J. 1. The applicant, by means of present criminal miscellaneous application filed under section 482 Cr.P.C., seek following reliefs: “(i) To allow this application and quash the charge sheet dated 09.7.2015 (Annexure no. 2 to the accompanying affidavit), cognizance order dated 23.7.2015 (Annexure no. 3 to the accompanying affidavit), passed by Judicial Magistrate, II Dehradun and the proceeding of criminal case no. 2565 of 2015 State vs. Ramesh Satyanarayan Mattaparthi under sections 420, 467, 468, 471 and 120(B) IPC and sections 66 and 74 of Information Technology Act, pending in the Court of Judicial Magistrate, II Dehradun. It is further prayed that this Hon’ble Court may kindly be pleased to stay the further proceeding of criminal case no. 2565 of 2015 State vs. Ramesh Satyanarayan Mattaparthi under sections 420, 467, 468, 471 and 120 (B) IPC and sections 66 and 74 of Information Technology Act, pending in the Court of Judicial Magistrate, II Dehradun during the pendency of the criminal misc. application before this Hon’ble Court, so that the justice be done with the applicant.” 2. The applicant was granted bail in connection with offences punishable under Sections 420, 467, 468, 471 and 120 (B) IPC and Sections 66 and 74 of Information Technology Act by this Court. Thereafter, the applicant was released on bail. He participated in his Trial. On three days, he did not appear, and on the third day, non bailable warrant was issued against him by the Trial Court. Bail Bonds have not been forfeited. 3. It is the submission of learned counsel for the applicant that the applicant is ready to surrender before the Trial Court, but a prayer has been made that his bail application should be taken up and decided on the same day. 4. Learned counsel for the applicant also submits that 19.8.2016 is fixed in the case and the applicant will surrender before the Trial Court on the said date. 5. Considering the facts of the case, aforesaid prayer of the applicant is worth accepting. 6.
4. Learned counsel for the applicant also submits that 19.8.2016 is fixed in the case and the applicant will surrender before the Trial Court on the said date. 5. Considering the facts of the case, aforesaid prayer of the applicant is worth accepting. 6. The applicant will surrender before the Trial Court on 19.8.2016, shall move an application for bail, and if such bail application is filed by him, the Trial Court is directed to decide his bail application on the same day, the reason being that the applicant was granted bail by the High Court, he could not appear in the Court only on three days, and his bail bonds have not been forfeited.