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Judgment
Mr. D.K. Sharma, Senior Advocate, assisted by Mr. Atul Bhatt, Advocate for the applicant.
Ms. Mamta Joshi, Brief Holder, present for the State of Uttarakhand/respondent No.1.
Learned Senior Counsel for the applicant submits that due to inadvertence in the body of present criminal miscellaneous application Session
Trial No.071 has been mentioned instead of Session Trial No.871. The applicant is permitted to make necessary correction in the memo of
criminal miscellaneous application during the course of the day.
The First Information Report has been lodged by respondent No. 2 against the present applicant, which has been registered as FIR No.339 of
2017, under Sections 323, 504, 354 of IPC and under Sections 7/8 of the Protection of Children from Sexual Offences Act and under Sections 3
(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station-Kotwali Khatima, District-
Udham Singh Nagar. After investigation police submitted the charge sheet against the present applicant. Consequently, the learned Magistrate took
cognizance in the matter and issued summons against the applicant. Hence the present application has been filed by the applicant under Section
482 of Cr.P.C., invoking the inherent jurisdiction of this Court.
Considering the overall facts and circumstances of the case and the nature of offence, no interference is being called for by this Court in the
matter.
Let the applicant appear before the learned Magistrate and move an application for his bail, which shall be considered on its merit in accordance
with law but as expeditiously as possible considering the fact that the applicant is a retired employee of District Court Champawat and is 61 years
of age and has no previous criminal history.
With the above observation, the application filed under Section 482 of Cr.P.C., stands disposed.