C482/802/2022
2022 Latest Caselaw 1659 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                         27TH MAY, 2022

 CIRIMINAL MISCELLANEOUS APPLICATION NO.802 of 2022

Between:

Murari Lal Aggarwal                         ........Applicant

and

State of Uttarakhand and Another            ...Respondents


Counsel for the Applicant       :   Mr. Gaurav Singh.

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


Hon'ble Alok Kumar Verma,J.

The applicant - accused Murari Lal Aggarwal

has 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 dated 08.12.2021 and the entire proceedings of

Criminal Case No.2487 of 2021, ""State vs. Murari Lal",

pending before the Additional Chief Judicial Magistrate,

Haridwar.

2. Subsequent to the submission of the charge-

sheet, the learned trial court took the cognizance and

passed the impugned summoning order dated 08.12.2021

against the present applicant - accused under Sections

323, 354, 504 & 506 of IPC.

3. Heard Mr. Gaurav Singh, the learned counsel for

the applicant and Mr. V.K. Gemini, the learned Deputy

Advocate General for the State.

4. During the arguments, the learned counsel

appearing for the applicant submitted that the applicant

was not arrested during the investigation, and, after this

submission, the learned counsel appearing for the

applicant requested to dispose of the present matter by

directing the trial court to consider the bail application of

the present applicant in 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.

5. The learned counsel for the State has no

objection.

6. The present Criminal Miscellaneous Application

(No.802 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 applicant -Murari

Lal Aggarwal moves his bail application, the trial court

shall consider the same in the light of the directions

passed by the Hon'ble Supreme Court in the

abovementioned case.

___________________ ALOK KUMAR VERMA, J.

Dated: 27th May, 2022 JKJ/Neha