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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sudhanshu Dhulia, J.
Sajjo @ Shahjahan & Others – Applicants
Versus
State of Uttarakhand & another – Respondents
Criminal Misc. Application No.1804 of 2017
Decided On : 02-01-2018
Section 482 CrPC - Criminal Procedure Code - Court declines interference at this stage
Fact of the Case:
The first information report has been lodged against the applicants under various sections of the Indian Penal Code. Charge-sheet has been filed and summons issued against the applicants.
Finding of the Court:
The court declined interference at this stage considering the overall facts and circumstances of the case and the filing of the charge-sheet.
Issues: Application under Section 482 CrPC for interference in the matter.
Ratio Decidendi: No interference by the court at this stage when charge-sheet has been filed.
Final Decision: The application filed under Section 482 CrPC stands disposed.
Sudhanshu Dhulia, J.
1. The first information report has been lodged by respondent no. 2 against the present applicants which has been registered as Case Crime No. 85 of 2017 under Sections 147/148/149/452/323/325/308/504 and 506 of IPC, at Police Station Bhagwanpur, Roorkee, District Haridwar. After investigation, police filed the charge-sheet against the present applicants. Consequently, the learned Magistrate took cognizance in the matter and issued summons against the present applicants. Hence, the present application under Section 482 CrPC.
2. Considering the overall facts and circumstances of the case and the fact that the charge-sheet has been filed in the matter, no interference is being called for by this Court in the matter at this stage.
3. Let the applicants appear before the court concerned and move an application for their bail, which shall be considered, as far as possible, on the same day itself, on its merits, in accordance with law.
4. The application filed under Section 482 CrPC stands disposed.
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