C482/2032/2022
2022 Latest Caselaw 3604 UK

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                                  C482 No. 2032 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. R.C. Tamta, Advocate, for the applicant. Mr. Pramod Tiwari, Brief Holder, for the State of Uttarakhand.

The present applicant, who claims himself to be a Journalist, has raised various set of allegations while giving challenge to the summoning order dated 10th October, 2022, which had been passed by the learned Chief Judicial Magistrate, Pithoragarh, District Pithoragarh, in Criminal Case No. 2621 of 2022, State Vs. Kishor Kumar @ Kishor Ram, which was arising out of the FIR No. 221 of 2021, wherein, he has been summoned to be tried for the offences under Sections 323, 353, 427 and 504 of the IPC.

He contends that prior to the registration of the FIR, there have been several complaints submitted by the applicant against the conduct of the maintenance of the bus stop at Pithoragarh, and in relation thereto, he refers to the complaint dated 29th June, 2021 and 24th September, 2021, as well as the FIR which was registered by him under Section 323 of the IPC dated 4th November, 2021, as against the staff of the bus stop. But no action has been taken on the same, has been alleged by him.

The complaint dated 29th June, 2021 or 24th September, 2021, has got no nexus with one another so far as the allegations levelled in the FIR registered by the present applicant is concerned and the subsequent FIR registered by the respondent, being FIR No. 221 dated 5th November, 2021, which he contends to be a counter blast to his FIR.

But, looking to the nature of offences and the allegations levelled therein, it would be one of the fittest case, which has to be relegated in the light of the judgment of the Hon'ble Apex Court, as rendered in Satender Kumar Antil Vs. Central Bureau of Investigation and another as reported in (2021) 10 SCC 773, as all the offences and the sentences, which they carry fall under 'A' category of offences as classified in para 3 of the judgment of Satender Kumar Antil (Supra), hence the applicant may resort to his remedies under Clause

(e) of para 3 of the aforesaid judgment.

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

(Sharad Kumar Sharma, J.) Dated 14.11.2022 Shiv