C482/2159/2022
2022 Latest Caselaw 3864 UK

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                                      C482 No.2159 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Ms. Sukhwani Singh, Advocate holding brief of Mr. Modh. Safdar, Advocate for the applicants.

Mr. Tumul K. Nainwal, Brief Holder with Mrs. Lata Negi, Brief Holder for the State of Uttarakhand.

The applicants to the present C-482 application have put a challenge to the charge sheet, being Charge Sheet No.480 of 2021 dated 29.10.2021, which was submitted by the Investigating Officer, as a consequence of culmination of investigation into the set of allegations which had been levelled in the FIR No.24 of 2021 dated 10.01.2021 whereby the applicants are named accused persons, who are said to be involved in commission of offence under Sections 498-A, 323, 504 and 506 of IPC and Section 3/4 of Dowry Prohibition Act of 1961.

It is that on the submission of the charge sheet, the cognizance have been taken by the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, by registering a Criminal Case No.831 of 2022 State of Atul Kumar & Others.

The learned counsel for the applicants before venturing into to address the court on the merits of the C-482 application has sought, that the 482 application may be disposed of in the light of the directives contained in the judgment of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another as reported in (2021) 10 SCC 773.

Owing to the fact, that all the offences for which the summoning order has been issued they carry a sentence of less than seven years and hence they will fall for consideration within the parameters laid down under 'A' category of offences as classified by the Hon'ble Apex Court in para 3 of Sub Para (e) by the said judgment.

In that eventuality without expressing any opinion on the merits of the matter, the C-482 application stands disposed of with a liberty left open for the applicants to surrender before the Court of Additional Chief Judicial Magistrate, Roorkee and if they surrender within a period of two weeks from today.

Their bail application will be considered in the light of the guidelines laid down by the Hon'ble Apex Court in para 3(e) of the aforesaid judgment of Satendra Kumar Antil (supra).

Subject to the aforesaid, the C-482 application stands disposed of.

(Sharad Kumar Sharma, J.) 01.12.2022 Arti