Uttarakhand High Court
C482/84/2021 on 20 January, 2021
Author: N.S. Dhanik
Bench: N.S. Dhanik
C482 No. 84 of 2021 Hon'ble N.S. Dhanik, J.
Mr. Abhishek Verma, learned counsel for the applicant.
Mr. V.S. Rathore, learned A.G.A. for the State.
Heard learned counsel for the parties.
This criminal miscellaneous application under Section 482 of Cr.P.C. has been filed by the applicant for quashing the summoning order dated 18.03.2020 as well as the entire proceedings of Criminal Case No. 1271 of 2020, "State vs. Furkan", under Sections 420, 406 & 34 IPC, pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.
During the course of hearing, it is argued by learned counsel for the applicant that a direction may be issued to the lower Court to decide the bail application on the very same day.
In these circumstances, the present criminal miscellaneous application filed under Section 482 Cr.P.C. is finally disposed of with the directions that if the applicant appears before the concerned Court on or before 05.02.2021 and moves a bail application, the concerned Court shall consider the same on the very same day. In case, the concerned Magistrate rejects the bail, he shall submit the documents along with the rejection order to the concerned Sessions Judge on the very same day, who in turn shall decide the matter as expeditiously as possible.
Till 05.02.2021 only, summoning order issued against the applicant shall be kept in abeyance.
(N.S. Dhanik, J.) Vacation Judge 20.01.2021 AK