DEVI PRASAD UNIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD .

(2.) THIS application under section 482 Cr.P.C. has been moved by applicant/ac­cused Devi Prasad Uniyal seeking permis­sion to move bail application before the trial court to decide the same on the day of its moving after recalling the order dated 28.10.2010 passed by Chief Judicial Mag­istrate, Tehri Garhwal issuing non- bailable warrants against applicant. It is pleaded that proceedings had been stayed by this Court in the present case. This applicant was under the impression that the matter was fixed before the Hon'ble High Court on 27.11.2010. Chief Judicial Magistrate also passed an order on 16.08.2010 ob­serving that Hon'ble High Court has stayed the proceedings in criminal misc. application No.446/2004, therefore, it would not be appropriate in the interest of the justice, to issue warrants against the applicant.

(3.) LEARNED A.G.A. submitted that the contention of the applicant is totally mis­conceived. This High Court had disposed of the criminal misc. application No.448 of 2004. The case was put up before Chief Judicial Magistrate on 01.10.2010. On that day, one of the co- accused Vijay Singh was present and other co-accused were ordered to be served notice for their presence. In view of the facts of the case, the petitioner shall appear before Chief Ju­dicial Magistrate and may move an ap­plication if he so desire. The present Crimi­nal Misc. application appears to be an abuse of process of law, as such, no di­rection can be issued to Chief Judicial Magistrate to dispose of the bail applica­tion on the same day. I do not find any merit in the case, accordingly, the same is dismissed.