C482/2896/2019 of USHA DEVI Vs STATE OF UTTARAKHAND on 20 December 2019

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

-Criminal Misc. Application (C482) No. 2896 of 2019

Usha Devi & others

…..Applicants

Versus

State of Uttarakhand and another ……Respondents Mr. S.S. Bhandari, Advocate for the applicants. Mr. Dinesh Chauhan, Brief Holder for the State of Uttarakhand.

Dated: 20[th] December, 2019

Hon’ble N.S. Dhanik, J.

By means of this application under Section 482 Cr.P.C., applicants have prayed for quashing the consequential proceeding in connection with the Criminal Complaint Case No. 4943 of 2018, “Smt. Mithilesh vs. Ram Singh Sagar & others”, under Sections 323, 504 & 506 of IPC, pending before the Court of learned Judicial Magistrate-1, Rudrapur, District U.S. Nagar.

2. Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon’ble 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.

3. Consequently, the application under Section 482 Cr.P.C. is hereby dismissed.

4. 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, it is deferred for any reason (including its rejection), the court shall forward the papers on the same day before the Sessions court which may consider the bail on the same day itself on the same terms as referred to the learned Magistrate.

A.Kaur

(N.S. Dhanik, J.)

20.12.2019