LAWS(UTN)-2013-12-78

RAMAN KANWAR Vs. STATE OF UTTARAKHAND & ANOTHER

Decided On December 05, 2013
Raman Kanwar Appellant
V/S
State of Uttarakhand and another Respondents

JUDGEMENT

(1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicant seeks to quash the order dated 18.10.2013, passed by Addl. Civil Judge (Sr. Div.) / Judicial Magistrate, Roorkee, District Haridwar. Applicant also seeks a direction to Addl. Civil Judge (Sr. Div.) / Judicial Magistrate, Roorkee, District Haridwar to hear the bail application of applicant expeditiously in the light of judgment passed in WPCRL no. 758 of 2013 (Hari Gupta vs State of Uttarakhand) dated 26.06.2013, judgment dated 12.08.2013 passed in I Bail Application No. 982 of 2013 and also to grant interim protection until the same is disposed of.

(2.) An FIR was lodged by the informant (respondent no. 2 herein) against six accused persons, including the applicant, on 03.05.2012, at police station Kotwali, Roorkee, which was registered as case crime no. 130 of 2012 under Sections 323, 504, 506, 498-A of IPC and Section of the Dowry Prohibition Act. After the investigation, charge-sheet was submitted only against three accused persons, including the applicant, for the selfsame offences. Whereas the applicant is the husband of the daughter of respondent no. 2, the other charge-sheeted accused are father-in-law and mother-in-law respectively of the daughter of respondent no. 2. Cognizance was taken on the said charge-sheet by learned Addl. Chief Judicial Magistrate, Roorkee and accused persons, including the applicant, were summoned to face the trial for the offences punishable under Sections 498-A, 323, 504, 506 of IPC and Section of the Dowry Prohibition Act, 1961.

(3.) Aggrieved against the same, an application under Section 482 of Cr.P.C. was filed before this Court on 25.06.2013. When the aforesaid application, being C-482 application No. 620 of 2013, was taken up for admission on 03.07. 2013, this Court directed as under: