C482/2152/2019
2022 Latest Caselaw 2785 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CRMA No. 4198 of 2019
                                  IA No. 4199 of 2022
                                  IA No. 4200 of 2022
                                  IA No. 4201 of 2022
                                  In
                                  C482 No. 2152 of 2019
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Lalit Sharma, Advocate, for the applicants.

Mr. Atul Kumar Shah, Deputy Advocate General, assisted by Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

Mr. R.C. Tamta, Advocate, for respondent No.2.

The different Misc. Applications, which are listed today for orders, would stand allowed and the respective affidavits filed in support thereto, would be taken on record, except for the Application No. 4199 of 2022 and 4201 of 2022.

This is an admitted C482 Application, in which, the challenge, which has been given by the applicants is to the chargesheet dated 7th April, 2019, emanating from FIR No. 34 of 2019, and the consequential proceedings of Criminal Case No. 381 of 2019, State Vs. Ravi Kumar and others, in which, the applicants are being tried for their alleged involvement of the commission of the offences under Sections 452, 354-A, 323, 504 and 506 IPC. On submission of the chargesheet, the cognizance has been taken and the summoning order was passed by the learned Judicial Magistrate Jaspur, District Udham Singh Nagar on 10th July, 2019.

Before addressing the Court on merits and being conscious of the fact, that the nature of offences, which are being tried in Criminal Case No. 381 of 2019, referred to above, since they all carry the sentences less than seven years, they will fall to be lying within the parameters of 'A' category of offences as classified by the Hon'ble Apex Court in a judgement reported in (2021) 10 SCC 773, Satender Kumar Antil Vs. Central Bureau of Investigation and another.

Owing to the aforesaid fact, that since the offences fall within the parameters laid down in para 3 of the said judgment, the learned counsel for the applicants has expressed that this C482 Application, may be disposed of in terms of the aforesaid judgment of the Hon'ble Apex Court.

In view of the aforesaid parameters of the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra), this C482 Application is being disposed of, leaving it open for the applicants to resort to their remedies, as contemplated in the judgment of Satender Kumar Antil (Supra), and if they do so within a period of two weeks from the date of receipt of certified copy of this judgment, the learned Trial Court will proceed strictly in view of the judgment of Satender Kumar Antil (Supra).

The C482 Application stands disposed of accordingly.

(Sharad Kumar Sharma, J.) Dated 05.09.2022 Shiv