C482/777/2022
2022 Latest Caselaw 1635 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                         26th MAY, 2022

 CIRIMINAL MISCELLANEOUS APPLICATION NO.777 of 2022

Between:

Vijay Singh Yadav and Munajir                 ........Applicants
and

State of Uttarakhand and Others                ...Respondents


Counsel for the Applicants        :    Mr. Lalit Sharma.

Counsel for the State/
Respondent No.1                   :    Mr. V.K. Gemini, learned
                                       Deputy Advocate
                                       General for the State.


Hon'ble Alok Kumar Verma,J.

The applicants - accused persons, namely, Vijay

Singh Yadav and Munajir, have invoked the inherent

jurisdiction of this High Court under Section 482 of the

Code of Criminal Procedure, 1973, to quash the charge-

sheet, cognizance/summoning order and the entire

proceedings of Criminal Case No.66 of 2021, ""State vs.

Dushyant Singh and Others", pending before the Judicial

Magistrate, Tharali, District Chamoli.

2. Subsequent to the submission of the charge-

sheet, the learned trial court took the cognizance and

passed the impugned summoning order dated 27.07.2021

against the present applicants - accused persons under

Section 420 read with Section 120B of IPC.

3. Heard Mr. Lalit Sharma, learned counsel for the

applicants and Mr. V.K. Gemini, learned Deputy Advocate

General for the State.

4. During the arguments, the learned counsel

appearing for the applicants submitted that the applicants

were not arrested during the investigation, and, after this

submission, the learned counsel appearing for the

applicants requested to dispose of the present matter by

directing the trial court to consider the bail applications of

the present applicants in terms of the judgment of the

Hon'ble Supreme Court, passed in "Aman Preet Singh

vs. C.B.I. through Director", (2021) AIR (SC) 4154

and the judgment dated 07.10.2021, passed by the

Hon'ble Supreme Court in Special Leave to Appeal

(Crl.) No.5191 of 2021, "Satender Kumar Antil vs.

Central Bureau of Investigation and Another".

5. The learned counsel for the State has no

objection.

6. The present Criminal Miscellaneous Application

(No.777 of 2022), filed under Section 482 of the Code of

Criminal Procedure, 1973, is disposed of with the direction

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

namely, Vijay Singh Yadav and Munajir, move bail

applications, the trial court shall consider the same in the

light of the directions passed by the Hon'ble Supreme

Court in the abovementioned cases.

___________________ ALOK KUMAR VERMA, J.

Dated: 26th May, 2022 Pant/