C482/2137/2022
2022 Latest Caselaw 3839 UK

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                                      C482 No.2137 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Gaurav Singh, Advocate for the applicants.

Mr. Pratiroop Pandey, AGA assisted by Mr. Tumul K. Nainwal, Brief Holder for the State.

The offence which has been complaint of to be tried in Criminal Case No.1060 of 2021 State vs. Dharamveer and others, as against the present applicants is that their alleged involvement in commission of offence under Section 420 of IPC which was registered against them, as Case Crime No.622 of 2020 at P.S. Bhagwanpur, District Haridwar, on which after submission of Charge Sheet No.191 of 2021 dated 03.03.2021, the cognizance have been taken by the court of Judicial Magistrate vide its order dated 27.08.2021.

The offence for which the trial is contemplated to proceed with against the present applicants since being exclusively for the offence under Section 420 of IPC, which carries a sentence of less than seven years, the C-482 application would stand disposed of with the liberty left open for the applicants to surrender before the trial court and seek their recourses, which are protected by the judgment of Satendra Kumar Antil vs. Central Bureau of Investigation & Another as reported in (2021) 10 SCC 773 and resort to their remedies as provided in para 3 (e) of 'A' category offences as classified by the aforesaid judgment.

Subject to the aforesaid, the C-482 application stands disposed of.

(Sharad Kumar Sharma, J.) 30.11.2022 Arti