C482/1848/2022
2022 Latest Caselaw 3328 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date   or directions and        COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
             Signatures


                                      C482 No.1848 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Bilal Ahmed, Advocate for the applicant. Mr. Pratiroop Pandey, AGA for the State of Uttarakhand.

The applicant is a named accused person in Case Crime No.849 of 2021, which was investigated upon and a Charge Sheet No.406 of 2022 dated 28.06.2022 has been submitted against the present applicant on which the cognizance has been taken by the court of Additional Chief Judicial Magistrate, Laksar, District Haridwar, resulting into the registration of Criminal Case No.570 of 2022 State vs. Mehboob & Others; wherein the applicant has been summoned by the impugned order of 17.09.2022 for being tried for the offences under Sections 147, 149, 323, 452, 504 and 506 of IPC.

The applicant has very candidly in his 482 application has submitted that the issue would stand covered by the judgment of the Hon'ble Apex Court as rendered in the matters of Satendra Kumar Antil vs. Central Bureau of Investigation and Another as reported in (2021) 10 SCC 773 and all the offences for which the applicant has been summoned will fall for consideration under 'A' category of offence as classified in para 3 of the judgment of Hon'ble Apex Court and is required to be dealt with according to Clause (e) of para 3 of the said judgment.

Owing to the aforesaid, the C-482 Application is being disposed of subject to the condition that if the applicant surrender before the court of Additional Chief Judicial Magistrate, Laksar, District Haridwar, within a period of two weeks from the date of receipt of certified copy of this order.

Learned trial court would consider the bail application in accordance with the directives issued by the Hon'ble Apex Court in the matters of Satendra Kumar Antil (Supra).

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

(Sharad Kumar Sharma, J.) 14.10.2022 Arti