C482/2000/2022
2022 Latest Caselaw 3865 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       01ST DECEMBER, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.2000 of 2022

Between:

Gopal Singh Panwar                           ........Applicant
and

State of Uttarakhand and Another             .....Respondents


Counsel for the Applicant        :    Mr. Pawan Mishra,
                                      Advocate.

Counsel for the State/
Respondent No.1                  :   Mrs. Shivangi Gangwar,
                                     Brief Holder for the
                                     State.

Hon'ble Alok Kumar Verma,J.

The present application, under Section 482 of

the Code of Criminal Procedure, 1973, has been filed by

the applicant-accused, Gopal Singh Panwar with the

following reliefs: -

(i) To quash the charge-sheet dated 7.2.2021 (Annexure No.2 to the accompanying affidavit), cognizance order Dt.27.1.2022 (Annexure No.3 to the accompanying affidavit), passed by 6th Additional Civil Judge/Additional Chief Judicial Magistrate, Dehradun and the proceedings of Criminal Case No.57 of 2022 State vs. Gopal Singh Panwar, under Sections 420, 177 and 181 I.P.C., pending in the Court of 6th Additional Civil Judge/Additional Chief Judicial Magistrate, Dehradun.

(ii) Direct the Trial Court to comply with the guidelines, laid down by the Hon'ble Apex Court in Special Leave To Appeal (Criminal) No.5191 of 2021 "Satender Kumar Antil vs. Central Bureau

of Investigation and Another, in the case of surrender of applicant before the Trial Court.

2. The supplementary affidavit dated 11.11.2022,

filed by the applicant, is taken on record.

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

applicant and Mrs. Shivangi Gangwar, learned Brief Holder

for the State.

4. Mr. Pawan Mishra, 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.

In support of the said statements, the said affidavit of the

applicant dated 11.11.2022 has been filed by the

applicant.

5. Learned counsel for the applicant 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 by him. The learned

counsel for the applicant requested to dispose of the

present application, filed under Section 482 of the Code of

Criminal Procedure, by directing the court concerned to

decide the bail application of the applicant-Gopal Singh

Panwar by granting benefit of the judgment of the Hon'ble

Supreme Court, passed in "Satender Kumar Antil vs.

Central Bureau of Investigation and Another",

(2021) 10 SCC 773.

6. The said submissions are not opposed by the

learned counsel for the State.

7. Having considered the submissions of the

learned counsel for both the parties, the first relief, as

prayed 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 applicant-

accused, namely, Gopal Singh Panwar moves an

application for bail, the court concerned shall consider the

same following the directions of the Hon'ble Supreme

Court in Satender Kumar Antil (supra).

8. The present Criminal Miscellaneous Application

(No.2000 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dated: 01.12.2022 Neha