LAWS(UTN)-2018-5-120

HARISH KALRA Vs. SMT. SURESH BALA

Decided On May 11, 2018
Harish Kalra Appellant
V/S
Smt. Suresh Bala Respondents

JUDGEMENT

(1.) Present criminal miscellaneous application under section 482 of Crimial P.C., 1973 has been filed by the applicants for quashing the cognizance order dated 20.9.2016 passed by the learned Additional Chief Judicial Magistrate, Kashipur in Criminal Case No. 2376 of 2016, "Surendra Bala Vs. Harsh Kalraothers "? under Sections 452, 323, 504, 506 of IPC, as well as order dated 13.11.2017, passed by the learned 1st Additional Sessions Judge, Udham Singh Nagar in Criminal Revision No.243 of 2016.

(2.) A perusal of the application moved by the applicants, it would reveal that this is the second criminal miscellaneous application. Earlier the criminal misc. application No.1755 of 2017 under Sec. 482 Crimial P.C., 1973 was filed by the applicants to quash the same cognizance order dated 20.9.2016. His Lordship Justice Sudhanshu Dhulia did not interfere and dismissed the application vide judgment dated 18.12017. However, it was directed that in case, the applicants appear before the Court below within a period of one week from the date of passing the order, their bail application shall be considered, as far as possible, on the same day itself, on its merit in accordance with law. The relevant portion of judgment dated 18.12017, passed by His Lordship Justice Sudhanshu Dhulia is being reproduced herein below:

(3.) Considering the overall facts and circumstances of the case, at this stage, no interference is being called for by this Court.