RADHA GUPTA & OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2012-6-101
HIGH COURT OF UTTARAKHAND
Decided on June 04,2012

Radha Gupta And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) HEARD . By means of the present writ petition, moved under Section 482 Cr.P.C., the petitioners Radha Gupta, Rajkumar Gupta and Chandra Bhan Gupta have sought quashing of the charge -sheet dated 03.04.2010 and proceedings of Criminal Case No., 1119 of 2010 State vs. Radha Gupta and others pending in the Court of Additional Chief Judicial Magistrate, Haldwani, Nainital, District Nainital.
(2.) LEARNED counsel for the petitioners did not press the petition. The petition under Section 482 Cr.P.C. is accordingly dismissed as not pressed. Otherwise also, from perusal of the material on record and looking into the facts of the case, it cannot be said at this stage that no offence is made out against the petitioners. The submission made by leaned counsel for the petitioners relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in cases of R.P. Kapoor vs. State of Punjab, : AIR 1960 SC 866; State of Haryana vs. Bhajan Lal,, 1992 SCC (Crl) 426; State of Bihar vs. P.P.Sharma,, 1992 SCC (Crl) 192 and Zandu Pharmaceuticals Works Ltd. vs. Mohd. Saraful Haqe and another,, 2005 SCC (Crl) 283 (para 10).
(3.) LEARNED counsel for the petitioners made an alternative prayer for directing the Court concerned to expedite the disposal of the bail application of the petitioners if they surrender before the court.;


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