C482/1984/2022
2022 Latest Caselaw 3539 UK

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                                  C482 No. 1984 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Ravi Bisht, Advocate, for the applicant. Mrs. Lata Negi and Mrs. Mamta Joshi, Brief Holders, for the State of Uttarakhand.

The applicant, in the present C482 Application, has put a challenge to the summoning order dated 22nd December, 2021, as it has been passed by the Court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, in Criminal Case No.1343 of 2021, State Vs. Manoj Verma, whereby, the cognizance has been taken for the offences under Sections 420, 406, 504 and 506 of the IPC.

The learned counsel for the applicant has submitted, that the cognizance, which has been taken by the learned Trial Court, would fall for consideration within the ambit of the parameters as it has been laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, as reported in (2021) 10 SCC 773, and hence, has sought for disposal of this C482 Application on the aforesaid grounds, leaving it open for him to resort to his remedies as provided in Sub-clause (e) para 3 of the said judgment of Satender Kumar Antil (Supra), because the nature of offence, for which, summons have been issued on 22nd December, 2021, will fall to be within 'A' category of offences, as classified by the Hon'ble Apex Court.

Subject to the aforesaid, the C482 Application is disposed of with the liberty left open for the applicant to approach before the Court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, by surrendering himself before the Court and taking the benefit of the parameters laid down in the case of Satender Kumar Antil (Supra).

Subject to the aforesaid, the C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) Dated 07.11.2022 Shiv