C482/1143/2022
2022 Latest Caselaw 2057 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                           08th JULY, 2022

 CRIMINAL MISCELLANEOUS APPLICATION NO.1143 of 2022



Between:

Faizan Ilahi and Aasif Husain                 ........Applicants
and

State of Uttarakhand and Another                ...Respondents



Counsel for the Applicants         :    Mr. Sanjay Kumar.

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, Faizan Ilahi and Aasif Husain with the

following main reliefs:-

To quash the charge-sheet, summoning order dated

21.03.2022 and the entire proceedings of Criminal Case

No.620 of 2022, "State vs. Faizan Ilahi and Others",

pending before the Judicial Magistrate, Jaspur, District

Udham Singh Nagar for the offence under Sections 308

and 341 of IPC.

Or

To dispose of the present matter directing the learned

trial court to follow the guidelines as per the dictum of

the Hon'ble Apex Court in "Satender Kumar

Antil vs. Central Bureau of Investigation and

Another", (2021) 10 SCC 773.

2. Heard Mr. Sanjay Kumar, 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 and requested to dispose of

the present matter by directing the concerned court to decide

the bail applications of the applicants by granting benefit of the

judgment of the Hon'ble Supreme Court in Satender Kumar

Antil (Supra). The learned counsel for the applicants further

submitted that the applicants were not arrested during the

investigation and they cooperated throughout in the

investigation including appearing before the Investigating

Officer whenever they were called.

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,

summoning order and the entire proceedings of the said

criminal case are rejected as not pressed.

6. The present Criminal Miscellaneous Application

(No.1143 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,

Faizan Ilahi and Aasif Husain, move bail applications, the

concerned court shall consider the same following the

directions of the Hon'ble Supreme Court passed in Satender

Kumar Antil (Supra).

___________________ ALOK KUMAR VERMA, J.

Dated: 8th July, 2022 Pant/