Uttarakhand High Court
C482/1479/2022 on 25 August, 2022
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
C482 No. 1479 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Bhuwnesh Joshi, Advocate, for the
applicants.
Mr. Pratiroop Pandey, A.G.A., assisted by
Mrs. Mamta Joshi, Brief Holder, for the State of
Uttarakhand.
As a consequence of the institution of a
Criminal Case No. 15 of 2018, Chandra Kala Vs.
Taufeek and other, the present applicants were
alleged to be involved in the commission of the
offences under Sections 452, 323, 504, 506 IPC and
3 (1) (r) (s) of SC & ST Act, Police Station Laksar,
Haridwar, registered at Police Station Laksar,
District Haridwar.
In the present C482 Application, the present
applicants have put a challenge to the summoning
order dated 26th October, 2021, as it has been
rendered by the Court of District and Sessions
Judge, Haridwar.
The nature of offences, which had been
complained of, in fact, would fall well within the
parameters of category-A of offences, as it has been
categorised by the Hon'ble Apex Court in a
judgment as reported in (2021) 10 SCC 773,
Satender Kumar Antil Vs. Central Bureau of
Investigation and another, and category 'A' of the
offences deals with the offences, which carries the
sentence less than seven years, which happens to be
the case at hand.
In that eventuality, the applicants' liberty is
being protected by the parameters, which had been
laid down for the purposes of dealing with the
cases, in which, chargesheet had been submitted
and cognizance have been taken.
The learned A.G.A. submits, that it may not
be applicable to the complaint cases, but this
argument itself is answered by the Hon'ble Apex
Court, when the parameters for extension of the
guidelines laid down by the said judgment as it was
laid down in category 'A', which has specifically
provided that after filing of the chargesheet/
complaint, taking of cognizance of the offences
complained of.
In that eventuality, the present applicants'
case would stand covered otherwise also, because
of the offences complained of under the SC & ST
Act, it only contemplates an imprisonment for a
term not less than six months and which may
extend to maximum of five years and with a fine.
Hence, the instant case will fall to be well
within an ambit of parameters of the judgment of
Hon'ble Apex Court in the case of Satender
Kumar Antil (Supra) as decided on 7th October,
2021.
In that eventuality, if the applicants surrender
before the Court below within a period of two
weeks from today, the learned Trial Court would
ensure that in the light of the provisions contained
under Section 16 of the SC & ST Act, before
considering the Bail Application, the Trial Court
would issue notices to the victim and would hear
them at the stage when the bail application is being
considered in the light of the judgment of Satender
Kumar Antil (Supra).
Subject to the aforesaid exception, the
present C482 Application stands disposed of.
(Sharad Kumar Sharma, J.)
Dated 25.08.2022
Shiv
