C482/1957/2022
2022 Latest Caselaw 3796 UK

                   Office Notes, reports,
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SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
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                   Registrar's order with
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      24.11.2022
                                            C482 No. 1957 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Karan Anand, Advocates, for the applicant.

Mr. Pratiroop Pandey, AGA, for the State.

The applicant before this Court has put a challenge to the Chargesheet dated 08.11.2013, and the consequential summoning order dated 27.11.2013, whereby the Court of Judicial Magistrate, 2nd, Dehradun, had instituted the proceedings of Criminal Case No. 1001 of 2013, State Vs. Manmohan Kher, for trying the present applicant for the offence under Section 309 of IPC.

The learned counsel for the applicant in the present C482 Application, in para 13, had made reference that the proceedings would stand covered by the ratio laid down by the judgment of the Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, as reported in (2021) 10 SCC 773.

In that eventuality, this C482 Application is being disposed of with liberty left open for the applicant that since the offence complained of will fall within 'A' category of offences of the Hon'ble Apex Court judgment, it will be open for the applicant to file an appropriate application before the Court concerned, who is ceased with the aforesaid Criminal Case, within a period of two weeks from the date of receipt of the certified copy of this order.

The learned trial Court will consider the application of the applicant in accordance with the parameters laid down in para 3 sub para 'e' of the aforesaid judgment of Satender Kumar Antil (supra).

Sharad Kumar Sharma, J.) 24.11.2022 Mahinder/