C482/45/2021
2022 Latest Caselaw 2824 UK

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                                  C482 No. 45 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mrs. Neetu Singh, Advocate, for the applicant.

Mr. T.C. Agarwal, Deputy Advocate General and Mrs. Lata Negi, Brief Holder, for the State of Uttarakhand.

Mr. Manish Bisht, Advocate, on behalf of Mr. Vipul Sharma, Advocate, for respondent No.3.

In the present C482 Application, the present applicant, had put a challenge to the chargesheet No.36 of 2020, dated 4th February, 2020, as it had been submitted on the culmination of the investigation of Case Crime No. 286 of 2019, dated 29th October, 2020, for trying the present applicant for the commission of the offences under Sections 420 and 406 of the IPC, which was registered against them at Police Station Kotwali Kotdwar, District Pauri Garhwal.

Consequent to the submission of the chargesheet, the cognizance has been taken on 12th February, 2020, by the Trial Court and Criminal Case No. 296 of 2020, State Vs. Amrish Pratap, has been registered before the Court of Addl. Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal.

The pleadings have been exchanged. The Coordinate Bench of this Court, had passed an interim order on 13th January, 2021. The applicant has sought an extension of the interim order, but simultaneously, she makes a request that looking to the nature of offences, which had been sought to be tried and owing to the subsequent development, which has chanced on account of issuance of non bailable warrants on 8th July, 2022.

The learned counsel for the applicant prays for that the matter, in question, will fall to be under 'A' category of offences, as it has been provided and classified in para 3 of the judgment of Hon'ble Apex Court, as reported in (2021) 10 SCC 773, Satender Kumar Antil Vs. Central Bureau of Investigation and another, and hence, the recourse has been provided in para 3, sub-clause (e) of the said judgment for the applicants to have his recourse before the Trial Court itself.

In that eventuality, without expressing any opinion on the merits of the matter, the present C482 Application is being disposed of with the liberty left open for the applicant to approach before the Court of Addl. Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal, in the light of the guidelines framed in para 3 of the judgment of Satender Kumar Antil (Supra).

Till the applicant approaches the Court as directed above, the interim protection granted by this Court will continue to operate, only for a period of three weeks till he files an appropriate application in the light of the judgment of Satender Kumar Antil (Supra).

The C482 Application stands disposed of accordingly.

(Sharad Kumar Sharma, J.) Dated 07.09.2022 Shiv