Uttarakhand High Court
Naresh Kumar Parwa vs State Of Uttarakhand And Another on 21 April, 2017
Author: U.C. Dhyani
Bench: U.C. Dhyani
C-482 No. 1208 of 2015 U.C. Dhyani, J.
Mr. Bilal Ahmad, Advocate for the petitioner. Mr. Pramod Tiwari, Brief Holder for the respondent State.
Mr. Pooran Singh Rawat, Advocate for respondent no. 2.
By means of present petition under Section 482 Cr.P.C., the petitioner seeks quashing of charge sheet dated 20.05.2015, summoning order dated 20.07.2015, as also the entire proceedings of criminal case no. 1592 of 2015 (case crime no. 95/2015), State vs Satendra Sah and another under Section 202 IPC, P.S. Kotwali Roorkee, District Haridwar, pending in the court of Addl. Chief Judicial Magistrate Roorkee, District Haridwar.
It is the submission of learned counsel for the petitioner that the husband of victim-respondent no. 2 is in the habit of filing such FIRs.
It is the submission of the counsel, who has been appointed by the High Court Legal Services Committee on behalf of the victim-respondent no. 2, that copies of call details filed in support of plea of alibi taken by the petitioner that on the day of incident he was away at Himachal, cannot be taken by the petitioner in view of Section 65B of the Indian Evidence Act and paras 60 and 70 of the decision rendered by Hon'ble Apex Court in Anvar P.V. vs P.K. Basheer, (2014) 10 SCC 473.
After arguing the petition, preferred under Section 482 Cr.P.C., at some length, learned counsel for the petitioner confined his prayer only to the extent that some time be granted to the petitioner to surrender before the court concerned and the court below be directed not to take any coercive measures against the petitioner. A further direction has been sought for directing the court below to decide the bail application of the petitioner at an early date, subject to his surrender.
Such innocuous prayer made by learned counsel for the petitioner is not opposed by learned counsel for the respondents.
Considering the facts of the case, petitioner is granted four weeks' time from today to surrender contd...2/-
- 2- before the court concerned, where after he will be dealt with by the court having jurisdiction, in accordance with law. No coercive measures shall be adopted against the petitioner during the aforesaid period.
It is further provided that if the petitioner surrender before the court concerned within the stipulated time and seeks bail, his bail application shall be decided on the same day, in accordance with law (Section 202 IPC is a bailable offence) Present C-482 petition thus stands disposed of.
(U.C. Dhyani, J.) 21.04.2017 Negi