C482/1855/2022
2022 Latest Caselaw 3324 UK

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                                     C482 No.1855 of 2022
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Vikas Anand, Advocate, for the applicants.

Mr. Atul Kumar Shah, Deputy Advocate General with Mrs. Mamta Joshi, Brief Holder, for the State.

The applicants to the present C482 application have put a challenge to the charge sheet dated 08.02.2021, being Charge Sheet No.29 of 2021, which was emanating as a consequence of the culmination of the investigation to the FIR No.0409, dated 28.11.2020, for the offences under Sections 498A, 323, 504 and 506 of IPC, on which the cognizance has been taken by the court of Civil Judge (J.D.)/Judicial Magistrate, Sitarganj, District Udham Singh Nagar, resulting into the registration of the Criminal Case No.14 of 2022, "State Vs. Naresh Mandal and others".

There are various contentions which had been raised by the learned counsel for the applicants which requires a factual appreciation of the controversy, about the effect of the counter blast, about the effect of the defective investigation, which as per the opinion of this Court, is beyond the scope of judicial scrutiny under Section 482 of the CrPC.

In that view of the matter, since all the offences on which the cognizance has been taken, they fall for consideration within the domain of paragraph no.3, of the judgment as reported in 2021 (Volume 10), SCC 773 "Satendra Kumar Antil Vs. Centre Bureau of Investigation".

It would be apt that the applicants may be relegated back to the court of Judicial Magistrate, Sitarganj, Udham Singh Nagar, to seek an appropriate redressal of their grievances, and if they do so within a period of two weeks from the date of the receipt of the certified copy of the order, the Judicial Magistrate will consider their application for the grant of bail, in accordance with sub-clause

(e) of paragraph no.3, of the judgment of "Satendra Kumar Antil Vs. Centre Bureau of Investigation" (Supra).

Subject to the aforesaid, C482 application stands disposed of.

(Sharad Kumar Sharma, J.) 14.10.2022 NR/