Aman vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard. By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal case no. 1196 of 2009, State vs. Aman and others, relating to offences punishable u/s 411, 413 IPC and u/s 41/102 Cr.P.C., Police Station Manglore, pending in the court of Judicial Magistrate, Roorkee.

Learned counsel for the petitioner submitted that petitioner has been falsely implicated in the case. It is further submitted that the Magistrate has observed in the bail order that alleged recovery from the petitioner is doubtful. It is also pointed out that without there being any evidence, section 413 IPC, has been added.

This Court is of the view that the observations in the bail order are not findings based on evidence. On the basis of the observations made in the bail order it cannot be said that the impugned charge sheet is liable to the quashed. As to the other pleas of innocence raised by the petitioner, it is for the trial court to examine the same after recording evidence of the parties. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that this petition is liable to the dismissed. Accordingly, the petition u/s 482 Cr.P.C., is dismissed summarily with the observation that if the petitioner is required to seek bail in respect of offence added in the charge sheet his bail application shall be heard and disposed of without unreasonable delay as the applicant is already granted bail relating to offence punishable u/s 411 IPC, and that it is pleaded that there is no criminal history of the applicant.