C482/1258/2022
2022 Latest Caselaw 2245 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                         22nd JULY, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.1258 of 2022



Between:

Sher Mohhamand and two Others                ........Applicants
and

State of Uttarakhand and Another              ...Respondents



Counsel for the Applicants        :   Mr. Gaurav Singh.

Counsel for the State/
Respondent No.1                   :   Mr. T.C. Agarwal,
                                      learned Deputy Advocate
                                      General for the State.


Hon'ble Alok Kumar Verma,J.

This is an application, filed under Section 482 of

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

proceedings of Criminal Case No.303 of 2018, "State vs.

Sher Mohhamand and Others", pending before the court of

1st Judicial Magistrate, Haridwar under Sections 323, 452,

504 and 506 of IPC.

OR

To decide the present matter, filed under Section

482 of the Code of Criminal Procedure, 1973, by

directing the 1st Judicial Magistrate, Haridwar to

decide the bail applications of the applicants, in view

of the judgment of "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. T.C. Agarwal, 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 prayer 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 on the second relief.

5. At the request of the learned counsel appearing

for the applicants, the first relief to quash the entire

proceedings of the said criminal case is rejected as not

pressed.

6. The present Criminal Miscellaneous Application

(No.1258 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,

Sher Mohhamand, Umar Daraj and Sehnawj, move bail

applications, the concerned court shall consider the same

following the directions of the Hon'ble Supreme Court in

Satender Kumar Antil (Supra).

___________________ ALOK KUMAR VERMA, J.

Dated: 22nd July, 2022 Pant/