LAWS(UTN)-2022-6-35

MADHURI GAHLAUT Vs. STATE OF UTTARAKHAND

Decided On June 15, 2022
Madhuri Gahlaut Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The applicant ' accused Smt. Madhuri Gahlaut has invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 to quash the remand order dtd. 18/5/2022 and the impugned Charge-sheet No.41 of 2022 dtd. 22/3/2022, filed in connection with the First Information Report No.262 of 2021, registered with Police Station Kotwali, Pithoragarh and to enlarge the applicant on bail.

(2.) Heard Mr. Bhupesh Kandpal, learned counsel for the applicant and Mr. T.C. Agarwal, learned Deputy Advocate General for the State.

(3.) Mr. Bhupesh Kandpal, learned counsel for the applicant, submitted that the charge-sheet has not been filed so far against the present applicant. He further submitted that the First Information Report was registered for the offence under Sec. 420 of IPC. The present applicant was not named in the said FIR. He further submitted that during the investigation, the name of the present applicant came into light. However, she has been arrested on 18/5/2022 in pursuance of the non-bailable warrant. He argued that no notice under Sec. 41 A of the Code of Criminal Procedure, 1973 was served upon the applicant and the present applicant is in custody.