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2020 DIGILAW 48 (UTT)

Amit Kumar v. State Of Uttarakhand

2020-01-10

N.S.DHANIK

body2020
JUDGMENT N.S. Dhanik, J. - By means of this application under Section 482 Cr.P.C., applicants have prayed for quashing the charge-sheet dated 28.04.2019 as well as the cognizance order dated 01.11.2019 passed by the Court of learned 2 nd Additional Civil Judge (J.D.)/J.M. Roorkee, District Haridwar in connection with FIR No. 15 of 2019, under Sections 147, 148, 332, 353, 504 & 506 of IPC , registered at P.S. Buggawala, District Haridwar. 2. Learned counsel for the applicant submits that there is no recovery of wood shown by the prosecution. He also submits the offences alleged against the applicants are triable by Magistrate. 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. 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 application as expeditiously as possible, in accordance with law. 6. Let a certified copy of this order be issued to the learned counsel for the parties, today itself, on payment of usual charges.