Uttarakhand High Court
Mohan Inder Singh Arora vs State Of Uttarakhand And Another on 22 September, 2017
Author: U.C.Dhyani
Bench: U.C.Dhyani
C-482 Petition No.1335 of 2017 U.C.Dhyani, J.
Mr. Abhishek Verma, Advocate, present for the writ petitioner/applicant.
Mr. Siddharth Srivastav, Brief Holder, present for the State/respondents no.1.
By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the charge-sheet dated 30.08.2016, cognizance order dated 05.09.2016 as well as the entire proceedings of Criminal Case No. 3564 of 2016, under Sections 420 ad 120-B IPC, pending before the learned IV Additional Chief Judicial Magistrate, Dehradun.
After arguing the writ petition at some length, learned counsel for the petitioner/applicant confined his prayer only to the extent that some time may be given to the applicants to surrender before the Magistrate concerned and, thereafter, court below be directed to decide the bail application of the petitioner /applicant at an early date and in the meantime, no coercive steps be taken against the applicant.
Considering the facts of the case, four weeks' time is granted to the petitioner/ applicant to surrender before the Magistrate concerned. No coercive measures shall be taken against the petitioner/ applicant for a period of four weeks from today.
If the petitioner/ applicant surrenders before the Magistrate concerned well within time and seeks bail, it is provided that his bail application shall be decided at an early date without unreasonable delay. If learned Magistrate rejects the bail application of the petitioner/ applicant [he should do it on the same day] and if the petitioner/ applicant moves before learned Sessions Judge for bail it is provided that his bail application shall be decided by the Sessions Judge as expeditiously as possible and without unreasonable delay.
Petition under Section 482 Cr.P.C stands disposed of with the direction as above.
Let a copy of this Order be supplied to the learned counsel for the applicant today itself on payment of usual charges.
(U.C.Dhyani, J.) 22.09.2017 Kaushal