IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C- 482 No. 145 of 2004 Jogendra Singh and another. …………..Applicants Versus State of Uttaranchal and another. ……..Opposite Parties. Mr. K.S. Verma, learned counsel for the applicants. Mr. S.S. Adhikari, learned A.G.A. for the State/opposite party no. 1. None appears for opposite party no. 2. 16th September, 2008 Hon’ble P.C. Verma, J. Present application filed under Section 482 of the Cr.P.C. is directed against the order dated 16.10.2003 passed by the Chief Judicial Magistrate, Kashipur and order dated 26.3.2004 passed by the Incharge Session Judge, Udham Singh Nagar. 2. A perusal of the order passed by the Chief Judicial Magistrate dated 16.10.2003 shows that prima facie offence is made out against the applicant under Section 364 of the Indian Penal Code. Further, against the said order, a revision was filed by the applicant, which was also dismissed as not maintainable. 3. The finding recorded by the Chief Judicial Magistrate is based on the statements recorded under Section 200 and 202 of Cr.P.C.and other documents available on record, therefore, it cannot be said that there is any abuse of process of law. 2 4. On perusal of the order dated 16.10.2003, order dated 26.3.2004, FIR contained in Annexure No. 1, counter affidavit and rejoinder affidavit and other relevant documents available on record, I do not find merit in the present application filed U/s 482 of Cr.P.C. 5. Thus, application filed under Section 482 of the Cr.P.C. is dismissed. However, it is made clear that if the applicants move a bail application within two days from the date of production of the certified copy of this order, the same shall be decided within a period of fifteen days from its filing. Till the decision of the bail application, the applicants shall not be arrested. (P.C. Verma, J.) 16.9.2008 Rathour