C482/1179/2022
2022 Latest Caselaw 2134 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                       15th July, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO. 1179 of 2022

Between:

Naresh Sharma                                    ...Applicant
and

State of Uttarakhand and Another.              ...Respondents


Counsel for the Applicant      :    Mr. Karan Anand, learned
                                    counsel.

Counsel for the Respondent      :    Mr. S.S. Adhikari,
No. 1                                learned Deputy
                                     Advocate General.

Hon'ble Alok Kumar Verma,J.

The applicant-accused, namely, Naresh Sharma, has

invoked the inherent jurisdiction of this Court under Section

482 of the Code of Criminal Procedure, 1973, to quash the

entire proceedings of Criminal Case No. 190 of 2022, "State vs.

Naresh Sharma", pending before the court of Additional Chief

Judicial Magistrate, Rishikesh, District Dehradun or decide the

present matter in the terms of judgment of the Hon'ble

Supreme Court in Aman Preet Singh vs. C.B.I through

Director.

2. Subsequent to the submission of charge-sheet, the

trial court took cognizance and passed the summoning order

under Sections 354 and 354A of I.P.C. against the present

applicant-accused.

3. Heard Mr. Karan Anand, the learned counsel for the

applicant and Mr. S.S. Adhikari, the learned Deputy Advocate

General for the State.

4. During the arguments, the learned counsel

appearing for the applicant, submitted that the present

application, filed under Section 482 of the Code of Criminal

Proceedure, 1973, may be disposed of with the direction to the

concerned Magistrate to follow the judgment dated

02.09.2021, passed by the Hon'ble Supreme Court in Criminal

Appeal No.929 of 2021, "Aman Preet Singh vs. C.B.I.

through Director".

5. The learned counsel appearing for the State has no

objection.

6. In view of the said submissions, the instant

application (Criminal Miscellaneous Application No. 1179 of

2022), filed under Section 482 of the Code of Criminal

Procedure, 1973, is disposed of with the direction to the

concerned Magistrate to follow the guidelines, issued by the

Hon'ble Supreme Court in the said Criminal Appeal No.929

of 2021, "Aman Preet Singh vs. C.B.I. through Director".

___________________ ALOK KUMAR VERMA, J.

Dated: 15th July, 2022 SB