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2016 DIGILAW 95 (UTT)

Rewadhar Joshi v. State of Uttarakhand

2016-03-01

SUDHANSHU DHULIA

body2016
JUDGMENT : Sudhanshu Dhulia, J. 1. The applicants before this Court are the accused in Criminal Case No. 281 of 2010 under Sections 498-A, 304-B of IPC and 3/4 of Dowry Prohibition Act, Police Station Patti Kosyakutoli, District Nainital. The Police after investigation filed the charge sheet in the matter. Consequently, the learned Magistrate took cognizance against the applicants. The present applicants invoked the inherent jurisdiction of this Court by filing present application under Section 482 Cr.P.C. 2. The learned Single Judge of this Court stayed further proceedings in the matter vide order dated 24.11.2010. Thereafter, nothing effective seems to have been happened in the matter. The case was listed again before the Court on 19.12.2013 and on that day the matter was dismissed for non-prosecution. 3. Now, restoration application has been filed by the applicant along with delay condonation application before this Court. 4. Purely in the interest of justice and the powers vested to this Court under Section 482 Cr.P.C., the delay condonation application is allowed and the restoration application is also allowed. Let the application be restored to its original number. 5. Heard Ms. Pushpa Joshi, Senior Advocate assisted by Mr. Amit Kapri, Advocate, for the applicant, Mr. Hari Om Bhakuni Learned A.G.A. for the State and Mr. R.C. Joshi, Advocate for respondent no. 2 and perused the records. 6. Learned Senior Advocate for the applicants argued that primarily this is a case of dowry death. The death could not be ascertained and now a viscera report has come which shows that this is not a case of poisoning and therefore prays that the proceedings be quashed. 7. This Court is not inclined to accept this plea of the applicants. Let the applicants appear before the court concerned and make all available pleadings. This Court has been informed by the court concerned that after the filing of the charge sheet no steps have been taken. 8. Learned concerned Magistrate shall pass an order in accordance with law and the matter shall proceed thereon as expeditiously as possible in which the applicants shall co-operate for the expeditious disposal of the matter. 9. With the aforesaid observation the application under Section 482 Cr.P.C. stands disposed. Interim Order dated 24.11.2010 stands vacated. 10. The Registrar General of this Court is hereby directed to communicate this order to the Magistrate concerned.