Uttarakhand High Court
(Under Section 482 Cr.P.C.) vs State Of Uttarakhand & Another on 2 January, 2019
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No. 2044 of 2018
(Under Section 482 Cr.P.C.)
Smt. Renu @ Tinny & another ... Applicants
Vs
State of Uttarakhand & another ... Respondents
Mr. Pawan Mishra, Advocate, present for the applicants.
Mr. Dinesh Chauhan, learned Brief Holder for the State of Uttarakhand.
Hon'ble Manoj K. Tiwari, J. (Oral)
1. By means of this application under Section 482 Cr.P.C., applicants have challenged the summoning order dated 27.01.2015 as well as proceedings of Criminal Case No. 321 of 2015, under Sections 3, 4, 5, 6, 7 and 9 of Immoral Traffic (Prevention) Act and Section 34, 120(B), 342, 370 and 376 of I.P.C., pending in the court of learned Chief Judicial Magistrate, Dehradun.
2. Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon'ble Supreme Court in catena of decisions has held that power available to a High Court under Section 482 Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category.
3. Consequently, the criminal miscellaneous application filed under Section 482 Cr.P.C. stands dismissed.
4. Let the applicants appear before the court concerned on or before 14.01.2019 and move bail application(s). It is made clear that as soon as the applicants appear before the court below and move bail application(s), the same shall be considered, as far as possible on the same day itself on its merit. In case, the 2 bail application(s) is deferred for any reason (including its rejection), the concerned Magistrate shall forward the papers to learned Sessions Judge for deciding the bail application on the same day.
(Manoj K. Tiwari, J.) 02.01.2019 Aswal