C482/2184/2022
2022 Latest Caselaw 4071 UK

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                                     C482 No.2184 of 2022
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Kumar Sharma, Advocate, for the applicant.

Mr. Tumul K Nainwal, Brief Holder, for the State.

The applicant, herein, is facing the trial of Criminal Case no.209 of 2020, "State Vs. Brijesh Kumar and another", for his alleged involvement in the commission of the offence under sections 6 (1) 11 (ii) of the Uttarakhand Cow Progeny (Protection) Act, which was registered against him at Police Station Bhagwanpur, District Haridwar.

The offences for which the trial is pending consideration, they all carry a sentence of less than 7 years, and as such, they would be falling within the ambit of consideration, as per the parameters laid down by the Hon'ble Apex Court in the judgment of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2021 (10) SCC 773, and particularly, in the light of the categorization of the offences as given, therein, the offence which has been complaint of will fall under "A" category of the offences, and the recourse available to the applicant would be in the light of paragraph no.3

(e), of the aforesaid judgment. If the applicant surrenders within a period of two weeks' from today, the court of Judicial Magistrate, Roorkee, District Haridwar, would proceed in accordance with the guidelines of the Hon'ble Apex Court, as observed above.

Subject to the aforesaid, the C482 application stands disposed of.

(Sharad Kumar Sharma, J.) 20.12.2022 NR/