High CourtsSingle Bench(2018) 01 UK CK 0048

Khargesh Chandra Pandey & others vs State of Uttarakhand & another

Uttarakhand High Court · Decided on 8 January 2018

HON’BLE JUDGES
Sudhanshu Dhulia
RESULT
Disposed off
CASE NUMBER
673 of 2015

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Judgment

17 paragraphs · 282 words
1.

Mr. Mohit Maulekhi, Advocate, present for the applicants.

2.

Ms. Mamta Joshi, Brief Holder, present for the State of Uttarakhand/respondent No.1.

3.

Ms. Soniya Chawla, Advocate, present for the respondent No.2.

4.

The First Information Report has been lodged by respondent No. 2 against the present applicants, which has been registered as FIR No.06 of

2015, under Sections 498A, 504, 506, 323 of IPC and under Sections 3/4 of the Dowry Prohibition Act, at Police Station-Baijnath, Bageshwar,

District- Bageshwar. After investigation police submitted the charge sheet against the present applicants. Consequently, the learned Magistrate

took cognizance in the matter and issued summon against the applicants. Hence the present application has been filed by the applicants under

Section 482 of Cr.P.C., invoking the inherent jurisdiction of this Court.

5.

This Court vide order dated 05.06.2015 had granted an interim order to the applicants.

6.

However, considering the overall facts and circumstances of the case and the fact that charge sheet has been filed in the year 2015, no

interference is being called for by this Court in the matter.

7.

Let the applicants appear before the learned Magistrate and move an 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 or rejected for any reason, the learned Magistrate may consider

granting an interim bail to the applicants in order to facilitate the applicants to move an application for their bail before the Sessions Court, which

shall be dealt with in accordance with law.

8.

Consequently, the application filed under Section 482 of Cr.P.C., stands disposed.

9.

Interim order dated 05.06.2015 stands vacated.