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2020 DIGILAW 16 (UTT)

Vinod Kumar v. State Of Uttarakhand

2020-01-06

N.S.DHANIK

body2020
JUDGMENT N.S. Dhanik, J. - By means of this application under Section 482 Cr.P.C., applicant has prayed for quashing the charge-sheet dated 09.08.2017 as well as the cognizance order dated 25.04.2018 passed by the Court of learned 2 nd Judicial Magistrate, Roorkee, District Haridwar in Connection with FIR No. 268 of 2017, under Section 3/7 of the Essential Commodities Act, 1955 , registered at P.S. Kotwali Gangnahar, Roorkee, District Haridwar. 2. Learned counsel for the applicant submits that there is no independent eye witness at the time of conducting raid into the shop of the present applicant. 3. Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Honble 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. 4. Accordingly, the application under Section 482 Cr.P.C. is hereby dismissed. 5. Learned counsel for the applicant then prayed that some time be granted to the applicant to surrender before the Court concerned. 6. Applicant is granted time from today to surrender before the Court concerned on or before 20.01.2020, whereafter he will be dealt with by the Court concerned as per law. However, it is provided that if the applicant surrenders before the court concerned and moves application for his 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 applicant till his bail application is decided on merits and in case, the bail application is rejected, the Court shall forward the papers to the Court of Sessions on the same day which may consider the bail application as expeditiously as possible, in accordance with law.