High CourtsSingle Bench(2018) 08 UK CK 0087

Ramesh Bawa vs State of Uttarakhand and another

Uttarakhand High Court · Decided on 14 August 2018

HON’BLE JUDGES
Sudhanshu Dhulia, J
RESULT
Dismissed
CASE NUMBER
Criminal Misc. Application No.1290 of 2018

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Judgment

12 paragraphs · 227 words

SUDHANSHU DHULIA, J. (ORAL)

1.

Mr. Vikas Bahuguna, Advocate for the applicant.

2.

Mr. V.K. Gemini, Deputy Advocate General with Mr. Dinesh Chauhan, Brief Holder for the State/respondent no. 1.

3.

An FIR has been lodged by respondent no. 2 against the applicant and another co-accused person, which has been registered as FIR No. 0530 of

2017 under Section 30 of the Arms Act and under Section 307 of IPC, at Police Station Sitarganj, District Udham Singh Nagar. After investigation,

police submitted the charge-sheet against the present applicant and another co-accused person. Thereafter the learned Magistrate concerned took

cognizance in the matter and issued summons to the present applicant. Hence, the present application under Section 482 of CrPC before this Court.

4.

The first information report was lodged by respondent no. 2 stating that the applicant was also present during the wedding ceremony and the pistol

of applicant was used by another co-accused. As a result of which his daughter, namely, Baby Rajni got injured.

5.

Considering the overall facts and circumstances of the case as well as the fact that there is no abuse of the process of the Court and without

expressing any opinion on the final merits of the case, this Court is not inclined to interfere in the matter.

6.

Consequently, the criminal miscellaneous application filed under Section 482 of CrPC stands dismissed.