Uttarakhand High Court
C482/1248/2010 of RAM SUKH Vs STATE OF UTTARAKHAND AND ANR on 30 December 2010
of 2010 With Int. Relief App. 1508 / 10 Hon. Prafulla C. Pant, J. Mr. A . Rab, Advocate, present for the petitioner. Mr. M.A. Khan, Brief Holder, present for State. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has
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Hon. Prafulla C. Pant, J.
Mr. A. Rab, Advocate, present for the petitioner.
Mr. M.A. Khan, Brief Holder, present for State.
By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 7067 of 2010, State Vs. Ram Sukh and others, relating to offences punishable under Section 436, 511 and 506 of I.P.C., pending in the court of Addl. Chief Judicial Magistrate First, Dehradun.
Heard.
It appears that a first information report was lodged in the year 1992, which was registered as Crime No. 94 of 1992, at police station Kotwali Dehradun, police outpost Patel Nagar. After investigation, charge sheet was filed in the year 1992, against the accused, including the petitioner, in respect of offences punishable under Section 436, 511, 506 of I.P.C. It further appears from the record that earlier petitioner sought stay of the proceedings in the year 1993 from Allahabad High Court, and said stay order was vacated in the year 1997.
Having heard learned counsel for the parties, and after going through the papers on record, this court is of the view that Section 482 of Cr.P.C. cannot be used as a tool to hold the criminal proceedings in abeyance for an indefinite period.
Therefore, without expressing any opinion as to final merits of the case, the petition under Section 482 of Cr.P.C. is dismissed summarily.
(In[terim Relief Application No. 1508 of 2010 also stands dismissed). ]
HN
(Prafulla C. Pant, J.)30.12.2010