C482/853/2022
2022 Latest Caselaw 1757 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                         13th JUNE, 2022

 CIRIMINAL MISCELLANEOUS APPLICATION NO.853 of 2022

Between:

Dal Singh and three Others                    ........Applicants
and

State of Uttarakhand and Another              ...Respondents


Counsel for the Applicants       :   Mr. Anchit Khokher,
                                     learned counsel.

Counsel for the State/
Respondent No.1                  :   Mr. S.S. Adhikari,
                                     learned Deputy Advocate
                                     General with Mr.
                                     Balvinder Singh, learned
                                     Brief Holder for the
                                     State.


Hon'ble Alok Kumar Verma,J.

The applicants - accused persons, namely, Dal

Singh, Smt. Soonam, Smt. Poonaam Negi and Aarti Negi

have 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.226 of

2022, "State vs. Sonam and Others", pending before the

court of Additional Chief Judicial Magistrate, Vikasnagar,

District Dehradun. After completion of the investigation,

charge-sheet was filed. The trial court took the cognizance

and passed the summoning order against the applicants

for the offence under Sections 323, 504, 506 and 354 of

IPC.

2. Heard Mr. Anchit Khokher, learned counsel for

the applicants and Mr. S.S. Adhikari, learned Deputy

Advocate General with Mr. Balvinder Singh, learned Brief

Holder for the State.

3. During the arguments, the learned counsel

appearing for the applicants submitted that this matter

may be disposed of with the direction to the concerned

court below to decide the bail applications of the

applicants in accordance with the terms of the judgment of

the Hon'ble Supreme Court, passed in "Satender Kumar

Antil vs. Central Bureau of Investigation and

Another", (2021) 10 SCC 773.

4. The learned counsel for the State has no

objection.

5. Having heard the learned counsel for the

parties, the present Criminal Miscellaneous Application

(No.853 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of with the direction

to the concerned court below, in case, the applicants,

namely, Dal Singh, Soonam, Poonaam Negi and Aarti Negi

move bail applications, the concerned court below shall

consider the same in accordance with the guidelines

formulated by the Hon'ble Supreme Court in the

abovementioned case.

___________________ ALOK KUMAR VERMA, J.

Dated: 13th JUNE, 2022 Pant/