Uttarakhand High Court
Hari Ram Chaudhary & Another vs State Of Uttarakhand & Others on 23 July, 2015
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No. 906 of 2015
(under Section 482 Cr.P.C.)
Hari Ram Chaudhary and another
.......Applicants
Versus
State of Uttarakhand and another
... Respondents
Hon'ble Sudhanshu Dhulia, J. (Oral)
Heard Mr. Vipul Sharma, Advocate present for the applicants and Mr. V.K. Gemini, Dy. Advocate General present for the State of Uttarakhand.
A first information report has been filed by the respondent No.2 against the present applicants, which has been registered as FIR No.292 of 2014 under Sections 420/323/504 & 506 IPC, at Police Station Bazpur, District Udham Singh Nagar.
Prior to lodging the First Information Report, the applicant was granted an interim relief by this Court vide order dated 16.12.2014 in WPCRL No.1516 of 2014, following order was passed which reads as under :-
"Mr. D.C.S. Rawat, Advocate holding brief of Mr. Vipul Sharma, Advocate present for the petitioners.
Mr. H.O. Bhakuni, A.G.A. present for the State. An FIR has been lodged against the writ petitioners for the offences punishable under Sections 420, 323, 504, 406, 327 and 506 IPC. It has been stated in para 15 of the writ petition that although period of six months has lapsed on 13.10.2014 itself but just to show his bona fide petitioner is still ready to execute the sale deed for another two months i.e. till 12.02.2015.
Issue notice to respondent no. 4. Steps be taken within a week.
List after the notice is served upon the said respondent. In view of statement made in para 15 of the writ petition, it is provided, as an interim measure that petitioners shall contact the Investigating Officer of the case on 22.12.2014, and on such subsequent dates as may be instructed by Investigating Officer. It is also provided that no coercive measure shall be taken against the petitioners, during the course of interrogation and investigation, so long as they cooperate with the Investigation.
Present interim protection shall be valid only till the next date of listing".
After investigation, police submitted charge-sheet against the applicants. Thereafter learned Magistrate took cognizance in the matter and summons have been issued to the applicants. Prima facie, it is a purely civil matter and in view of the submission of learned counsel for the applicants that applicants are ready to execute the sale deed.
Considering the nature of offence and overall evidence, which is available before this Court, an interference is presently called for in the matter.
As an interim measure, it is provided that further proceedings of Criminal Case No.887 of 2015 pending in the court of Judicial Magistrate, Kashipur, District Udham Singh Nagar, shall remain stayed till the next date of listing.
Issue notice to the respondent No.2. Steps to be taken within a week.
List this matter after four weeks in the daily cause list.
(Sudhanshu Dhulia, J.)
JKJ 23.07.2015