C482/1922/2022
2022 Latest Caselaw 3414 UK

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                                  C482 No. 1922 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. M.K. Ray, Advocate, for the applicant. Mr. V.S. Rathore, A.G.A, for the State of Uttarakhand.

In the present C482 Application, the applicant has put a challenge to the Chargesheet No. 289/19 dated 21st September, 2019, as well as the summoning order dated 18th November, 2019, which has been issued by the Court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar, in Criminal Case No. 845 of 2019, State Vs. Satvinder Singh, wherein, the applicant has been summoned to be tried for the offence under Section 408 of the IPC.

As per the provisions contained under the IPC, the offence under Section 408 of the IPC, carries a maximum sentence of seven years. Hence, the same would be amenable, as per the directives contained in the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation and another as reported in (2021) 10 SCC 773. Since, the nature of offence will fall to be under 'A' category of offence and is required to be dealt with in accordance with the parameters laid down in para 3 of the said judgment, to be read with sub-clause

(e) of the said judgment.

Owing to the aforesaid, the C482 Application is being disposed of with the liberty left open to the applicant to approach the Court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar, by filing an appropriate application for grant of bail in the light of para 3 of the judgement of Satender Kumar Antil (Supra), and seek his appropriate remedy as available to him.

(Sharad Kumar Sharma, J.) Dated 20.10.2022 Shiv