BHAGWATI PRASAD GAIROLA Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2012-5-77
HIGH COURT OF UTTARAKHAND
Decided on May 25,2012

Bhagwati Prasad Gairola Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) HEARD . By means of this petition, moved under Section 482 of Cr.P.C., the petitioner has sought quashing of the proceedings of Criminal Case No. 10 of 2012; State vs. Darshan Lal and others, relating to offences punishable under Sections 408, 420, 467, 468, 471, 120B of I.P.C., pending in the court of Chief Judicial Magistrate, Tehri.
(2.) LEARNED counsel for the petitioner did not press the petition. The petition under Section 482 of 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 petitioner. The submissions made by learned counsel for the petitioner relate to the disputed questions of fact, which cannot be adjudicated upon by this court under Section 482 of 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 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 petitioner made an alternative prayer for directing the Magistrate concerned to expedite the disposal of the bail application of the petitioner if he surrenders before the court.;


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