C482/1256/2022
2022 Latest Caselaw 2396 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                      01st AUGUST, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.1256 of 2022

Between:

Noman                                          .....Applicant
and

State of Uttarakhand and Another              ...Respondents


Counsel for the Applicant      :    Mr. Bilal Ahmed.
Counsel for the State/         :    Mr. A.K. Sah, learned
Respondent no.1                     Deputy Advocate
                                    General.




Hon'ble Alok Kumar Verma,J.

This is an application under Section 482 of the

Code of Criminal Procedure, 1973 to quash the entire

proceedings of Criminal Case No. 1113 of 2021, "State Vs.

Noman", pending before the Court of Additional Chief

Judicial Magistrate, Roorkee, District Haridwar for the

offence under Sections 323, 452, 504 and 506 of IPC.

2. Heard Mr. Bilal Ahmed, learned counsel for the

applicant and Mr. A.K. Sah, learned Deputy Advocate

General for the State.

3. Mr. Bilal Ahmed, the learned counsel for the

applicant-accused submitted that a supplementary

affidavit along with an application (Criminal Miscellaneous

Application No. 1256 of 2022) has been filed by the

applicant. The said supplementary affidavit is taken on

record.

4. Mr. Bilal Ahmed, the learned counsel for the

applicant-accused, submitted that the relief as prayed in

the main application, under Section 482 of the Code of

Criminal Procedure, 1973, is not being pressed by the

applicant. He further submitted that the applicant was not

arrested during the investigation, and, he cooperated

throughout in the investigation including appearing before

the Investigating Officer, whenever he was called,

therefore, the learned counsel appearing for the applicant

submitted that the applicant is requesting through the said

supplementary affidavit to decide the present matter by

directing the court below to decide the bail application of

the applicant providing him the benefit of the judgment of

the Hon'ble Supreme Court in Satender Kumar Antil vs.

Central Bureau of Investigation and Another",

(2021) 10 SCC 773.

5. The learned counsel appearing for the State

submitted that instructions have been received from the

Investigating Officer and according to the instructions, the

applicant-accused was not arrested during the

investigation and he cooperated throughout in the

investigation.

6. Having heard the learned counsel for the

parties, the relief as prayed in the main application, under

Section 482 of the Code of Criminal Procedure, 1973, is

rejected as not pressed, and, it is directed that, in case,

the applicant-Noman moves an application for bail, the

court below shall consider the same, following the

guidelines, formulated by the Hon'ble Supreme Court in

Satender Kumar Antil (Supra).

7. The present Criminal Miscellaneous Application

(No.1256 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 01.08.2022 AK