Citation : 2022 Latest Caselaw 2055 UK
Judgement Date : 8 July, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
08th JULY, 2022
CRIMINAL MISCELLANEOUS APPLICATION NO.1146 of 2022
Between:
Amit Verma and Suraj Prakash ........Applicants
and
State of Uttarakhand and Another ...Respondents
Counsel for the Applicants : Mr. Gaurav Singh.
Counsel for the State/
Respondent No.1 : Mr. S.T. Bharadwaj,
learned Deputy Advocate
General for the State.
Hon'ble Alok Kumar Verma,J.
This is an application under Section 482 of the Code
of Criminal Procedure, 1973, filed by the applicants - accused
persons, namely, Amit Verma and Suraj Prakash with the
following main reliefs:-
To quash the charge-sheet, cognizance/ summoning
order dated 18.08.2020 and the entire proceedings of
Criminal Case No.581 of 2020, "State vs. Amit Verma and
Others", pending before the court of IInd Judicial
Magistrate, Haridwar for the offence under Sections 498A
and 323 of IPC.
To dispose of the present matter directing the IInd
Judicial Magistrate, Haridwar to decide the bail
applications of the present applicants in the light of the
judgment, passed by the Hon'ble Apex Court in
"Satender Kumar Antil vs. Central Bureau of
Investigation and Another", (2021) 10 SCC 773.
2. Heard Mr. Gaurav Singh, the learned counsel for the
applicants and Mr. S.T. Bharadwaj, the learned Deputy
Advocate General for the State.
3. During the arguments, the learned counsel for the
applicants - accused persons submitted that the applicants do
not want to press the first relief, i.e. to quash the charge-
sheet, cognizance/summoning order and the entire proceeding
of the said criminal case. He requested to decide the present
matter in the light of the second relief.
4. The learned counsel for the State has no objection.
5. At the request of the learned counsel appearing for
the applicants, the first relief to quash the charge-sheet,
cognizance/ summoning order and the entire proceedings of
the said criminal case, are rejected as not pressed.
6. The present Criminal Miscellaneous Application
(No.1146 of 2022), filed under Section 482 of the Code of
Criminal Procedure, 1973, is disposed of by directing the
concerned court, in case, the present applicants, namely, Amit
Verma and Suraj Prakash, move bail applications, the
concerned court shall consider the same by following the
directions of the Hon'ble Supreme Court passed in Satender
Kumar Antil (Supra).
___________________ ALOK KUMAR VERMA, J.
Dated: 8th July, 2022 Pant/
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