C482/1728/2023
2023 Latest Caselaw 2506 UK

              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                   COURT'S OR JUDGES'S ORDERS
No
             and Registrar's
                order with
               Signatures
                               C482 No. 1728 of 2023
                               With
                               C482 No. 1729 of 2023

                               Hon'ble Sharad Kumar Sharma, J.

Mr. G.C. Lakhchaura and Mr. Dushyant Mainali, the learned counsel for the petitioner.

Mr. V.K. Gemini, the learned Dy. A.G. for the State.

Heard.

Since, both the C482 applications arise out of the same cause of action, therefore, they are being clubbed together, and are being decided by a common order.

In these two 482 applications, a challenge has been given to the proceedings of Criminal Complaint Case No. 1259 of 2021, Vipin Nayyar vs. Maneeshi Bali & Ors., In fact, it seems there happens inter se dispute between office bearer and Deecon Valley Society, due to which there has been registration of complaint for commission of offence under Section 500 of IPC, as against applicant no. 1 and for the offence under Section 504 and 506 of IPC as against applicant no. 2.

As from the narration of factual grounds, as argued by the learned counsel for the applicants, it does not entail consideration of any of the legal aspect, which may call upon this Court to exercise its inherent power under Section 482 Code of Criminal Procedure. Since, the tenacity of argument and facts, they require an appreciation of evidence, which is not the scope of 482 of Cr.P.C., coupled with the facts that the offence which has been complaint of, carries sentence of less than seven years, the applicant has to work out their remedies as there provided under the law. It has been stated by the learned counsel for the applicants since he has already filed bail application, if that be so, this bail application could be decided expeditiously in the light of the judgment of Satendra Kumar Antil vs. CBI as reported in (2022) 10 SCC 51.

Subject to the aforesaid, both C482 applications would stand disposed of.

(Sharad Kumar Sharma, J.) 25.08.2023

PV