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High CourtsSingle Bench(2017) 01 UK CK 0032

Puneet Dobriyal and others. vs State of Uttarakhand and another.

Uttarakhand High Court · Decided on 17 January 2017

HON’BLE JUDGES
V.K. Bist
CASE NUMBER
77 of 2017

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Judgment

7 paragraphs · 325 words
1.

Having heard learned counsel for the petitioners on the urgency application no. 179 of 2017, it is allowed.

2.

Present petition is filed assailing the cognizance/ summoning order dated 15.09.2016 whereby learned 2nd Addl. Chief Judicial Magistrate, Dehradun was pleased to summon the petitioners under Sections 323, 504, 406, 498-A IPC and 3/ 4 of the Dowry Prohibition Act.

3.

Having argued for some time, learned counsel for the petitioners seeks permission to withdraw this petition with liberty to raise all the legal and factual points before the trial court at time of framing of charge seeking discharge. He further submits that stay against the arrest of petitioners was granted by this Court vide order dated 23.09.2015 in WPCRL Nos. 1175 & 1167 of 2015, consequently, petitioners were not arrested during the course of investigation and they never misused their stay of arrest.

4.

Learned counsel for the petitioners submits that all the offences are triable by Magistrate and maximum sentence in all the offences is less than seven years, therefore, petitioners should not be sent to jail and they should be enlarged on bail.

5.

Learned counsel for the petitioners further contends that petitioners shall appear before the Magistrate concerned in compliance of summoning order dated 15.09.2016, on or before 31.01.2017 and shall move application seeking regular bail.

6.

Petition is dismissed as withdrawn. Petitioners shall appear / surrender before the 2nd Addl. Chief Judicial Magistrate, Dehradun on or before 31.01.2017, as stated by learned counsel for the petitioners. In the event of moving bail application, the same shall be decided by the trial court at the earliest, if possible, on the same day. It is, however, made clear that if petitioners fail to appear / surrender before the Magistrate till 31.01.2017 then learned Magistrate shall be at liberty to proceed against the petitioners, in accordance with law.

7.

Let copy of this order be forwarded to the Magistrate concerned forthwith for information.