To Quash The Entire Proceedings Of ... vs Unknown
2022 Latest Caselaw 2497 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                          06th AUGUST, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.1398 of 2022



Between:

Saiyyad                                           ........Applicant


and

State of Uttarakhand and Another                   ...Respondents



Counsel for the Applicant          :       Mr. Vaibhav Singh
                                           Chauhan.

Counsel for the State/              :      Mr. T.C. Agarwal,
Respondent No.1                     :      learned Deputy Advocate
                                           General.


Hon'ble Alok Kumar Verma,J.

The present application has been filed by the

applicant - accused Saiyyad, under Section 482 of the Code of

Criminal Procedure, 1973, with the following main reliefs:-

To quash the entire proceedings of Criminal Case No. 474

of 2018, "State vs. Saiyyad", pending before the court of

Chief Judicial Magistrate, Haridwar for the offence under

Sections 332, 353,504 and 170 of IPC.

Or

To dispose of the present Criminal Miscellaneous

Application with the direction to the court below to decide

the bail application of the applicant in the light of the

judgment passed by the Hon'ble Supreme Court in

"Satender Kumar Antil vs. Central Bureau of

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

2. Heard Mr. Vaibhav Singh Chauhan, the learned

counsel for the applicant and Mr. T.C. Agarwal, the learned

Deputy Advocate General for the State.

3. 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

throughout 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-Saiyyad by granting benefit of the

judgment of the Hon'ble Supreme Court in Satender Kumar

Antil (Supra).

4. The learned counsel for the State has no objection

on the said submissions.

5. 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, Saiyyad 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).

6. The present Criminal Miscellaneous Application

(No.1398 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 06.08.2022 Pant