Uttarakhand High Court
Satish Chhabra vs State Of Uttarakhand & Others on 22 May, 2015
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No.591 of 2015
(under Section 482 Cr.P.C.)
Satish Chhabra ..........Applicant
Versus
State of Uttarakhand & others .........Respondents
Hon'ble Sudhanshu Dhulia, J. (Oral)
1. Mr. G.S. Sandhu, Advocate, present for the applicant.
2. Mr. K.S. Rautela, learned Government Advocate with Mr. H.S. Rawal, A.G.A. and Mr. Kuldeep Singh Rawal, learned Brief Holder, present for the State/respondent nos.1 to 3.
3. An F.I.R. was lodged against the applicant under Sections 323/504/506/427 of I.P.C., at Police Station Rudrapur, District - Udham, Singh Nagar, in which a charge sheet has been filed and summons have been issued to the applicant to face the trial.
4. According to the applicant there is already a civil litigation going on between the petitioner and the complainant i.e. respondent no.5 and in order to put pressure this false F.I.R. was lodged by the complainant.
5. In view thereof, an interference is called for.
6. As an interim measure, it is provided that till the next date of listing further proceedings of Criminal Case No.258 of 2015 (State Vs. Satish Chhabra and others), arising out of F.I.R. No.374/2010, under Sections 323/504/506/427 of I.P.C., at Police Station Rudrapur, District - Udham Singh Nagar, pending in the Court of 2 Chief Judicial Magistrate, Udham Singh Nagar shall remain stayed.
6. Issue notice to respondent no.5. Steps to be taken within one week.
7. Respondents shall file their reply within a period of three weeks. List this matter after four weeks in a daily cause list.
(Sudhanshu Dhulia, J.) 22.05.2015 ML