C482/1312/2022
2022 Latest Caselaw 2419 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                           02ND AUGUST, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.1312 of 2022



Between:

Hari Ram                                               ........Applicant


and

State of Uttarakhand and Another                           ...Respondents



Counsel for the Applicant               :       Mr. Karan Anand.

Counsel for the State/                  :       Mr. Atul Kumar Sah,
Respondent No.1                         :       learned Deputy Advocate
                                                General assisted by Mrs.
                                                Mamta Joshi, learned
                                                Brief Holder for the
                                                State.


Hon'ble Alok Kumar Verma,J.

This application, under Section 482 of the Code of

Criminal Procedure, 1973, has been filed by the applicant -

accused Hari Ram with the following reliefs:-

To quash the entire proceedings of Criminal Case

No.431 of 2016, "State vs. Sunil Raturi and Others",

pending before the Judicial Magistrate/Additional Civil

Judge, Rishikesh, District Dehradun.

Or

To dispose of the instant Criminal Miscellaneous

Application in the light of the judgment rendered by the

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

Central Bureau of Investigation and Another",

(2021) 10 SCC 773.

2. After submission of the charge sheet, the trial court

took cognizance and passed a summoning order under

Sections 420, 120B of IPC against the present applicant-

accused.

3. Heard Mr. Karan Anand, the learned counsel for the

applicant and Mr. Atul Kumar Sah, the learned Deputy

Advocate General assisted by Mrs. Mamta Joshi, the learned

Brief Holder for the State.

4. The learned counsel for the applicant submitted that

the first relief, as prayed in the main application, under Section

482 of the Code of Criminal Procedure, is not being pressed by

the applicant. He further submitted that the applicant was not

arrested during the investigation and he co-operated through

out in the investigation including appearing before the

Investigating Officer, whenever he was called. The learned

counsel for the applicant requested to dispose of the present

matter by directing the concerned court to decide the bail

application of the applicant-Hari Ram by granting benefit of the

judgment of the Hon'ble Supreme Court in Satender Kumar

Antil (Supra).

5. The learned counsel for the State has no objection

on the said submissions.

6. Having considered the submissions of the learned

counsel for the parties, the first 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, namely, Hari Ram moves an

application for bail, the court below shall consider the same

following the directions of the Hon'ble Supreme Court in

Satender Kumar Antil (supra).

7. The present Criminal Miscellaneous Application

(No.1312 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 02.08.2022 JKJ/Pant