Uttarakhand High Court
C482/1484/2013 of Baba Ramvirksh @ Baba Bhola Giri Vs State Of Uttarakhand AND ANOTHER on 31 December 2013
1484 of 2013 Hon’ble V.K.Bist, J. Mr. D.S.Mehta, Advocate for the petitioner. Mr. Hari Om Bhakuni, Brief Holder, for the State. By means of this petition moved under section 482 of Code of Criminal Procedure (for short Cr.P.C.), the petitioner has challenged the charge sheet dated
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C482 No. 1484 of 2013
Hon’ble V.K.Bist, J.
Mr. D.S.Mehta, Advocate for the petitioner.
Mr. Hari Om Bhakuni, Brief Holder, for the State.
By means of this petition moved under section 482 of Code of Criminal Procedure (for short Cr.P.C.), the petitioner has challenged the charge sheet dated 11.04.2013 summoning order dated 10.05.2013 and the entire proceedings of Criminal Case No. 414 of 2013 (case crime no. 50 of 2013) under Section 354, 376, 511, 504 and 506 of I.P.C., Police Station Khatima, Udham Singh Nagar, pending before Additional Judicial Magistrate, Khatima, Udham Singh Nagar.
It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in the case due to some civil dispute.
On the other hand, learned counsel for the State Mr. Hari Om Bhakuni, Brief Holder submitted that after investigation, charge sheet has been filed in the matter, which is on the record.
Considering the submissions advanced by the learned counsel for the parties, I do not find that there is abuse of process of law in the present case. After filing the charge sheet, the matter was investigated and thereafter, police filed charge sheet. The petitioner can raise such plea before the court below.
The petition under section 482 of Cr.P.C is dismissed. However, it is provided that if petitioner surrenders before the court concerned and moves bail application, his bail application shall be considered expeditiously.
It is made clear that this court has not stayed the proceedings of the criminal case and in case the petitioner does not appear before the court concerned, the court concerned shall be at liberty to proceed against the petitioner in accordance with law.
Let a copy of this order be forwarded to the learned concerned Magistrate immediately.
N.P
(V.K. Bist, J.)
31.12.2013