Uttarakhand High Court

C482/1256/2010 of CHAMBA RAM AND ANR Vs STATE OF UTTARAKHAND on 31 December 2010

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of 2010 Hon'ble Prafulla C. Pant, J. Shri D.K.Sharma, Advocate, present for the petitioners Shri S.S.Adhikari, A.G.A, present for the State. Heard. By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitioners have challenged the

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C482 No. 1256 of 2010

'Honble Prafulla C. Pant, J.

Shri D.K.Sharma, Advocate, present for the petitioners Shri S.S.Adhikari, A.G.A, present for the State.

Heard.

By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitioners have challenged the proceedings of Criminal Case No. 4786 of 2010, State vs. Deshraj and others, relating tooffences punishable under section 498A, 323 and 506 I.P.C., and one punishable under section ¾ Dowry Prohibition Act, 1961, P.S.Gadarpur, District Udham Singh Nagar, pending in the court of Chief Judicial Magistrate, Udham Singh Nagar.

Many factual disputes have been raised in the petition which can not be examined in its jurisdiction under section 482 of Cr.P.C.

Therefore, without expressing any opinion as to final merits of the case, this court is not inclined to interfere with the trial of the case. Accordingly, the petition under section 482 of Cr.P.C., is dismissed summarily with the observations that if the petitioners Chamba Ram and Ramesh Chandra surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay.

(P.C.P., J.)

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