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2019 DIGILAW 586 (UTT)

Chandra Prabha Khattar v. State Of Uttarakhand

2019-11-16

N.S.DHANIK

body2019
JUDGMENT : N.S. Dhanik, J. There is 115 days' delay in filing the present delay condonation application, which is not seriously opposed by learned State Counsel as well as the learned counsel for respondent no. 2. Consequently, delay condonation application is allowed and the delay in filing the restoration application is condoned. 2. In the restoration application cause shown is sufficient to allow the application. The restoration application is allowed. Order dated 21.06.2019 is recalled and the criminal miscellaneous application is restored to its original number. 3. By means of this application under Section 482 Cr.P.C., applicants have prayed for quashing the charge-sheet; summoning order dated 13.11.2014 and the entire proceedings of Criminal Case No. 175 of 2014, "State vs. Nitin Khattar & others", under Sections 498-A, 323 & 506 of IPC and Section 3/4 of the Dowry Prohibition Act, registered at P.S. Kotwali Roorkee, pending before the Court of learned Additional Chief Judicial Magistrate Roorkee, District Haridwar. 4. Learned counsel for the applicants confined his prayer only to the extent that a direction may be issued to the lower Court to decide the bail application on the very same day. 5. Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon'ble Supreme Court in catena of decisions has held that the power available to High Court under Section 482 of Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category. 6. Accordingly, the application under Section 482 Cr.P.C. is hereby dismissed. 7. Let the applicants appear before the court concerned and move application for their bail, which shall be considered, as far as possible on the same day itself on its merit in accordance with law. In case, for any reason hearing of the bail application is deferred, the Court below shall consider granting interim bail to the applicants till their bail applications are decided on merits and in case, the bail applications are rejected, the Court shall forward the papers to the Court of Sessions on the same day which may consider the bail applications as expeditiously as possible, in accordance with law.