WPCRL/845/2022
2022 Latest Caselaw 1442 UK

                      Office Notes,
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         Date                                     COURT'S OR JUDGES'S ORDERS
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      10.05.2022                        WPCRL No.845 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This criminal writ petition has been filed by the petitioner under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No.110 of 2022, registered with Police Station Kashipur, District Udham Singh Nagar for the offence under Sections 354 and 506 of IPC. During the investigation Section 376 of IPC has been added.

Heard Mr. Sanpreet Singh Ajmani, learned counsel for the petitioner and Mr. Balvinder Singh, learned Brief Holder for the State.

The learned counsel for the petitioner submitted that the petitioner was granted bail in the offence under Sections 354A and 506 of IPC. During the investigation, the offence under Section 376 has been added. After adding the said Section, the Investigating Officer sought the remand of the petitioner in the offence under Section 376 of IPC. The concerned Magistrate has granted judicial remand under Section 376 of IPC.

The learned counsel for the petitioner submitted that the petitioner was on bail and during the investigation, the police added another offence under Section 376 of IPC; therefore it is not permissible for the police to seek judicial remand in the said crime and it is also not permissible for the Magistrate to grant judicial remand.

In support of his submissions, the learned counsel for the petitioner relied upon a judgment of the Hon'ble Supreme Court in "Manoj Suresh Jadhav and Others vs. State of Maharashtra (2019) 17 SCC 362 and Pradeep Ram vs. State of Jharkhand and Another (2019) 17 SCC 326."

The learned counsel for the petitioner requested to direct the Court below to consider the bail application of the petitioner in view of the judgments cited above as expeditiously as possible.

The learned counsel for the State has no objection.

Having heard the learned counsel for the parties, in case, the petitioner- Nitin moves a bail application in connection with the First Information Report No.110 of 2022 registered with Police Station, Kashipur, District Udham Singh Nagar, the concerned court shall consider the same as expeditiously as possible and in accordance with law.

Post this case on 07.06.2022. Meanwhile, the learned counsel for the State is directed to file counter affidavit.

Let a certified copy of this order be supplied to the learned counsel for the petitioner, today itself, on payment of usual charges.

(Alok Kumar Verma, J.) 10.05.2022

Neha