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Uttarakhand High Court

Radhika Shastry And Another ... vs State Of Uttarakhand And Others on 20 December, 2019

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

      IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

            Criminal Misc. Application No. 2883 of 2019
            (Under Section 482 of the Code of Criminal Procedure)

Radhika Shastry and another                         .........Applicants

                                    Vs.

State of Uttarakhand and others                   ...........Respondents

Present:-
Ms. A.S. Rawat, learned Senior Advocate assisted by Mr. Prasanna Karnatak,
learned counsel for the applicants.
Mr. Subhash Tyagi Bhardwaj, learned Deputy Advocate General assisted by
Mrs. Preeta Bhatt, learned Brief Holder for the State of Uttarakhand.

Hon'ble Alok Kumar Verma, J.

Heard learned counsel for the parties.

2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the applicants for quashing the Criminal Case along with the summoning order dated 05.12.2019 passed by the Chief Judicial Magistrate, Almora in Criminal Case No. 1098 of 2019, by which the applicants/accused persons were summoned under Rule 32 of the Legal Metrology (Packaged Commodities) Rules, 2011. The applicants further prays to stay the proceedings of the said criminal case.

3. The learned counsel for the applicants filed the copy of the registration as prayed on 19.12.2019.

4. Admit.

5. Issue notice to respondent Nos.2 & 3. Steps to be taken within one week.

6. Learned counsel for the applicants filed a copy of the order of the Coordinate Bench of this Court dated 13.12.2019 passed in C482 No. 2805 of 2019. The said matter 2 was also related with the proceedings of Criminal Case No. 1098 of 2019, in which the Coordinate Bench directed that till the next date of listing, further proceedings of the Criminal Case No. 1098 of 2019 along with the summoning order dated 05.12.2019 shall remain stayed qua the applicants (co- accused).

7. Connect this Criminal Misc. Application with C482 No. 2805 of 2019.

8. List thereafter.

9. In the fact and circumstances of this case, the further proceedings of the Complaint Case No. 1098 of 2019 and summoning order dated 05.12.2019 shall remain stayed qua the present applicants till further orders of this Court.

10. Let a certified copy of this order be supplied to the learned counsel for the parties today itself on payment of the prescribed charges.

(Alok Kumar Verma, J.) 20.12.2019 NEHA