State vs Unknown
2022 Latest Caselaw 3356 UK

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                                      C482 No.1776 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Kumar Sharma, Advocate for the applicant.

Mr. Atul Kumar Shah, Deputy Advocate General for the State of Uttarakhand.

The applicant to the present 482 Application has challenged the summoning/cognizance order dated 16.03.2022 passed by the Judicial Magistrate 1st Haridwar in Criminal Case No.198 of 2022, State vs. Naresh Kumar & others, which was emanating on a culmination of investigation in Case Crime No.406 of 2020, whereby the applicant has been summoned to be tried for the offence under Sections 420 & 504 of IPC.

The nature of offence for which the trial is intended to be conducted after submission of Charge Sheet No.1 dated 24.09.2021, on which the summoning order has been issued on 16.03.2021, the same would be amenable to the parameters which had been laid down by the Hon'ble Apex Court in the judgment of Satendra Kumar Antil vs. Central Bureau of Investigation as reported in (2021) 10 SCC 773 and the nature of offence for which the trial is being conducted will fall to be within the ambit of category 'A' offence, as it has been classified by the aforesaid judgment in relation to the offence which carries the sentence of less than seven years.

In that view of the matter, the applicant's case would stand covered by Sub Clause (e) of para 3 of the judgment of Satendra Kumar Antil (Supra).

The C-482 application is being disposed of with the liberty left open to the applicant to seek his appropriate remedy by filing an application before the court of Judicial Magistrate 1st Haridwar, District Haridwar, for getting his release on bail as per the parameters provided under Sub Clause (e) of para 3 of the aforesaid judgment.

The C-482 application accordingly, stands disposed of.

(Sharad Kumar Sharma, J.) 17.10.2022 Arti