C482/1393/2022
2022 Latest Caselaw 2538 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                   17TH AUGUST, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.1393 of 2022

Between:

Mohd. Sajid and Others                           ........Applicants

and

State of Uttarakhand and Another              .....Respondents


Counsel for the Applicant      :       Mr. Pawan Mishra.

Counsel for the State/         :       Mr. Siddhartha Bisht,
Respondent Nos.1                       learned Brief Holder for
                                       the State.

Counsel for the Respondent     :       Ms. Gurbani Singh.
No.2

Hon'ble Alok Kumar Verma,J.

This is an application, filed by the applicants-

accused persons under Section 482 of the Code of Criminal

Procedure, 1973, to quash the entire proceedings of

Criminal Case No.4753 of 2022, "State vs. Mohd. Hashim

and Others", pending before the Court of Additional Chief

Judicial Magistrate/Vth Additional Senior Civil Judge,

Dehradun for the offence under Sections 298, 323, 504,

506, 427, 147, 452 and 34 of IPC.

2. Heard Mr. Pawan Mishra, the learned counsel for

the applicants, Mr. Siddhartha Bisht, the learned Brief

Holder for the State and Ms. Gurbani Singh, the learned

counsel for the respondent no.2.

3. Mr. Pawan Mishra, the learned counsel

appearing for the applicants-accused persons, submitted

that an affidavit dated 06.08.2022 has been filed by the

applicants with the request to dispose of the present

matter by granting benefit 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.

4. The learned counsel for the applicants submitted

that the applicants do not want to press the main relief, as

prayed in their application, filed under Section 482 of the

Code of Criminal Procedure.

5. The learned counsel appearing for the

respondents have no objection.

6. Having heard the learned counsel for the

parties, the relief, as claimed in the main application, filed

under Section 482 of the Code of Criminal Procedure,

1973, is rejected as not pressed, and, it is directed that in

case, the applicants move 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.1393 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 17th August, 2022 Neha