C482/1406/2022
2022 Latest Caselaw 2553 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                      18TH AUGUST, 2022

 CRIMINAL MISCELLANEOUS APPLICATION NO.1406 of 2022

Between:

Tabassum                                      ........Applicant
and

State of Uttarakhand and Another              .....Respondents


Counsel for the Applicant        :     Mr. Akshay Latwal.

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

Hon'ble Alok Kumar Verma,J.

This is an application, filed under Section 482 of

the Code of Criminal Procedure, 1973, with the following

relief: -

To quash the entire proceedings of Criminal

Case No.3459 of 2019, "State vs. Smt. Shakila &

Others" pending before the court of the Chief Judicial

Magistrate, Nainital for the offence under Sections

323, 504, 506 of IPC.

OR

To dispose of the present Criminal Miscellaneous

Application by directing the concerned court 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. Akshay Latwal, the learned counsel

for the applicant and Mr. Atul Kumar Shah, the learned

Deputy Advocate General assisted by Mrs. Mamta Joshi,

the learned Brief Holder for the State.

3. The learned counsel for the applicant-accused,

Tabassum submitted that the applicant does not want to

press the first relief and requested to dispose of the

present matter by directing the concerned court to decide

the bail application of the applicant, providing her the

benefit of the judgment of the Hon'ble Supreme Court,

passed in Satender Kumar Antil (Supra). The learned

counsel for the applicant further submitted that the

applicant was not arrested during the investigation, and,

she co-operated throughout in the investigation.

4. The learned counsel for the State has no

objection.

5. Having heard the learned counsel for the

parties, the first relief, as prayed, in the 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-accused, namely, Tabassum 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).

6. The present Criminal Miscellaneous Application

(No.1406 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 18.08.2022 Neha