Unknown vs Satvinder Singh"
2022 Latest Caselaw 2485 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                    05TH AUGUST, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.1086 of 2021

Between:

Satvinder Singh                               ........Applicant

and

State of Uttarakhand and Others              .....Respondents


Counsel for the Applicant         :   Mr. Sanjay Kumar.

Counsel for the State/            :   Mr.     T.C.     Agarwal,
Respondent Nos.1 & 2                  learned Deputy Advocate
                                      General for the State.

Counsel for the Respondent        :   Mr. Yogesh Upadhyay.
No.3

Hon'ble Alok Kumar Verma,J.

This is an application, filed under Section 482 of

the Code of Criminal Procedure, 1973, to quash the entire

proceedings of Criminal Case No.55 of 2021, "State vs.

Satvinder Singh", pending before the Court of Additional

Chief Judicial Magistrate, Kashipur, District Udham Singh

Nagar for the offence under Sections 354 and 506 of IPC.

2. Heard Mr. Sanjay Kumar, the learned counsel

for the applicant, Mr. T.C. Agarwal, the learned Deputy

Advocate General for the State and Mr. Yogesh Upadhyay,

the learned counsel for the respondent no.3.

3. Mr. Sanjay Kumar, the learned counsel

appearing for the applicant-accused, submitted that the

applicant has filed his affidavit dated 17.06.2022 along

with an application (No.4 of 2022) with the request to

dispose of the present matter by directing the trial court to

follow the judgment of the Hon'ble Supreme Court, in

"Satender Kumar Antil vs. Central Bureau of

Investigation and Another", (2021) 10 SCC 773. The

said application (No.4 of 2022) is taken on record.

4. The learned counsel for the applicant submitted

that the 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 with the Investigating Officer

throughout the investigation. The learned counsel for the

applicant requested that the present matter may be

disposed of by directing the concerned court to decide the

bail application of the applicant, providing him the benefit

of the legal proposition, formulated by the Hon'ble

Supreme Court in Satender Kumar Antil (Supra).

5. The learned counsel appearing for the

respondents have no objection on the said submissions of

the learned counsel for the applicant.

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, namely, Satvinder Singh, moves an

application for bail, the concerned court 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.1086 of 2021), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 05th August, 2022 Neha