Robin V. Lal vs State Of Uttarakhand on 21 September, 2016

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Uttarakhand High Court

Robin V. Lal vs State Of Uttarakhand on 21 September, 2016

Bench: Servesh Kumar Gupta

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL


      Criminal Misc. Application No.1210 of 2016
                   (U/s 482 Cr.P.C.)

Robin V. Lal
                                                          .... Applicant
                                 Versus

State of Uttarakhand
                                                       .... Respondent

                                   With

      Criminal Misc. Application No.1211 of 2016
                   (U/s 482 Cr.P.C.)

Robin V. Lal
                                                          .... Applicant
                                 Versus

State of Uttarakhand & another
                                                     .... Respondents
Mr. Ramesh Chandra Joshi, Advocate, for the applicant-Robin V. Lal.
Mr. P.S. Saun, Dy. Adv. General, for the State of Uttarakhand.


Hon'ble Servesh Kumar Gupta, J.

Both these petitions, being interconnected, are taken up together and the common order is being passed as follows.

Having heard learned Counsel for the applicant-Robin V. Lal, it transpires that somehow, he got impressed with the communication skill of co-accused Kumar Gaurav @ Vishal, who, though resident of District Udham Singh Nagar, eventually, met him in Delhi.

Since Robin V. Lal, applicant herein, runs some computer shop in the Almora town, while the cheated chaps, namely, Sunil Tiwari, Jiwan Malwal and Km. Arti Gupta, were insisting him from some time to facilitate them for their employment, hence, on the assurance of Kumar Gaurav @ Vishal, the present applicant persuaded all the three to part with their money for the task. All three cheated persons gave some money to the applicant and they also got deposited some money directly in the account of Kumar Gaurav @ Vishal.

It has been urged by learned counsel that the applicant -Robin V. Lal also deposited some of the money, so taken by him, in the account of Kumar Gaurav @ Vishal by way of account payee cheques, the counterfoils whereof have been brought on record through Annexure No.2 in both the petitions.

But ultimately, when it was felt that all out efforts of Mr. Vishal were of cheating, then the applicant himself lodged the first information report in the police station.

It needs to be mentioned that one of the victims Sunil Tiwari also lodged an FIR against the present applicant for the offence of Section 420 IPC.

The investigation, pursuant to the first information reports, has culminated into the submission of chargesheet against the informant-

Robin V. Lal himself besides Kumar Gaurav @ Vishal, inter alia, for the offence of Section 420 IPC.

Having heard and conceiving the role of the present applicant, this Court is not inclined even to admit this petition or to grant any stay of the proceedings pursuant to the submission of charge-sheet against him. But at the same time, considering that the involvement of the present applicant in the crime was not that serious, as of Kumar Gaurav @ Vishal, it is hereby observed that if he surrenders in the court below, his bail application shall be considered at the earliest, preferably on the same day.

Subject to the above observation, both the petitions stand finally disposed of. (Stay applications 1546/16 and 1547/16 also stand disposed of as such) (Servesh Kumar Gupta, J.) 21.09.2016 Rdang

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Uttarakhand High Court