C482/1820/2022
2022 Latest Caselaw 3256 UK

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                                      C-482 No. 1820 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Bharat Singh, Advocate for the applicant.

Mr. Pratiroop Pande, learned A.G.A. for the State of Uttarakhand.

In the present C-482 application, the applicant has put a challenge to the summoning order dated 15.02.2019, as well as the charge-sheet, which has been submitted against him on 15.06.2018, in Criminal Case No. 1025 of 2019 "State Vs. Kaher Singh & another", in which he has been tried for the offences under Sections 420, 406, 120-B & 506 of I.P.C., which has been registered against him at Police Station Roorkee, District Haridwar, and, is presently pending consideration for trial before the Court of learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar.

The nature of offences for which the charges has been framed, against the present applicant, will fall to be within an ambit of 'A' Category of offences, as it has been classified by the Hon'ble Apex Court in the judgment reported in (2021) Vol. 10 SCC 773, "Satender Kumar Antil Vs. Central Bureau of Investigation and another rendered in SLP No. 5191 of 2021.

In that eventuality, the applicant's recourse is still left open to be considered by the trial court in the light of the guidelines laid down by the Hon'ble Apex Court in para-3 of the judgment of Satender Kumar Antil (Supra). If the applicant resorts to the aforesaid recourse, the same would be considered by the learned trial court in the light of the aforesaid direction of the Hon'ble Apex Court.

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

(Sharad Kumar Sharma, J.) 10.10.2022 Mamta