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2019 Supreme(UK) 426
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
N.S. Dhanik, J.
Chandra Prabha Khattar And Another - Appellant
Vs.
State Of Uttarakhand And Another - Respondent
Criminal Miscellaneous Application (C-482) No. 1650 of 2014; Restoration Application No. 335 of 2019; Delay Condonation Application In Restoration Application No. 3539 of 2019
Decided On : 16-11-2019
Parikshit Saini, Adv., Dinesh Chauhan, Adv., Mukesh Rawat, Adv., Ajay Veer Pundir, Adv.
The power available to the High Court under Section 482 of Cr.P.C. should be exercised in rarest of rare cases.
Headnote:
Delay Condonation - Restoration Application - Quashing of Criminal Proceedings - Section 482 Cr.P.C.
Fact of the Case:
The applicants filed an application under Section 482 Cr.P.C. seeking to quash the charge-sheet, summoning order, and entire proceedings of a criminal case pending before the Court of learned Additional Chief Judicial Magistrate.
Finding of the Court:
The delay condonation application was allowed, and the restoration application was also allowed as cause shown was sufficient. However, the application under Section 482 Cr.P.C. was dismissed as the court found no reason to interfere with the criminal proceedings.
Issues: Delay condonation, restoration application, quashing of criminal proceedings, and exercise of power under Section 482 Cr.P.C.
Ratio Decidendi: The court emphasized that the power available to the High Court under Section 482 of Cr.P.C. should be exercised in rarest of rare cases, and in this case, the court did not find it to be in that category.
Final Decision: The application under Section 482 Cr.P.C. was dismissed, and the applicants were directed to appear before the court concerned and move application for their bail, which shall be considered on its merit in accordance with law.
JUDGMENT :
N.S. Dhanik, J.
There is 115 days' delay in filing the present delay condonation application, which is not seriously opposed by learned State Counsel as well as the learned counsel for respondent no. 2. Consequently, delay condonation application is allowed and the delay in filing the restoration application is condoned.
2. In the restoration application cause shown is sufficient to allow the application. The restoration application is allowed. Order dated 21.06.2019 is recalled and the criminal miscellaneous application is restored to its original number.
3. By means of this application under Section 482 Cr.P.C., applicants have prayed for quashing the charge-sheet; summoning order dated 13.11.2014 and the entire proceedings of Criminal Case No. 175 of 2014, "State vs. Nitin Khattar & others", under Sections 498-A, 323 & 506 of IPC and Section 3/4 of the Dowry Prohibition Act, registered at P.S. Kotwali Roorkee, pending before the Court of learned Additional Chief Judicial Magistrate Roorkee, District Haridwar.
4. Learned counsel for the applicants confined his prayer only to the extent that a direction may be issued to the lower Court to decide the bail application on the very same day.
5. Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon'ble Supreme Court in catena of decisions has held that the power available to High Court under Section 482 of Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category.
6. Accordingly, the application under Section 482 Cr.P.C. is hereby dismissed.
7. Let the applicants appear before the court concerned and move application for their bail, which shall be considered, as far as possible on the same day itself on its merit in accordance with law. In case, for any reason hearing of the bail application is deferred, the Court below shall consider granting interim bail to the applicants till their bail applications are decided on merits and in case, the bail applications are rejected, the Court shall forward the papers to the Court of Sessions on the same day which may consider the bail applications as expeditiously as possible, in accordance with law.
