Mr. Shashi Kant Shandilya vs Mukesh Bhatnagar
2022 Latest Caselaw 3549 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date   or directions and        COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
             Signatures


                                      C482 No.1925 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Shashi Kant Shandilya, Advocate for the applicant.

Mr. T.C. Agarwal, Deputy Advocate General assisted by Mrs. Lata Negi, Brief Holder for the State of Uttarakhand.

In the present 482 Application, the challenge which has been given by the applicant/husband is to the proceedings of the Criminal Case No.258 of 2021 State vs. Mukesh Bhatnagar, whereby the court of Civil Judge (Jr. Div)/Judicial Magistrate Bazpur, District Udham Singh Nagar has taken cognizance to the offence under Section 498-A, 323, 506 of IPC.

Initially when the matter was taken up, it was reflected from arguments that there could be a possibility of settlement of dispute and hence, respondent no.2 was called upon to put in appearance and the Registry accordingly was directed to issue an administrative notice to respondent no.2. The respondent no.2 is not present. Apart from the fact that there is an office report of 07.11.2022, that the service report has not been received.

But owing to the fact that looking to the nature of offence for which cognizance have been taken and for which the summoning order dated 02.04.2021, has been issued, all the offences would fall for consideration within the ambit of parameters provided by the judgment reported in (2021) 10 SCC 773, Satendra Kumar Antil vs. Central Bureau of Investigation and Others, because all the offences carry a sentence of less than seven years, hence they would be falling within 'A' category of offence as classified by the said judgment and the remedial recourses available to the applicant would be under para 3 sub clause (e) of the said judgment.

Owing to the aforesaid, the 482 Application is being disposed of with the liberty left open for the applicant to surrender before the court of Judicial Magistrate, Bazpur, District Udham Singh Nagar to avail his recourses as provided in the aforesaid judgment of Satendra Kumar Antil (Supra).

Subject to the aforesaid, the 482 Application stands disposed of.

(Sharad Kumar Sharma, J.) 09.11.2022 Arti