Hon'Ble Sharad Kumar Sharma vs Unknown
2022 Latest Caselaw 2853 UK

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                                      C-482 No.1551 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Ganesh Kandpal, Advocate for the applicant.

Mr. Rohit Dhyani, Brief Holder for the State of Uttarakhand.

The applicant to the present C-482 application is an accused of Criminal Case No.2575 of 2019 State vs. Sachin Jalal & others in which the present applicant has been summoned for his alleged involvement in commission of offence under Sections 323, 354, 354-A, 504 & 506 of I.P.C.

The challenge in the 482 application, as given by the applicant, is to the cognizance order dated 07.06.2019, as well as to the Charge Sheet No.72 of 2019 dated 26.03.2019, which has been submitted against him.

Looking to the nature of offence and the respective sentences, which they carry since all the sentences are for a period of lesser than seven years they would be fall for consideration, as per the parameters laid down by the judgment of Hon'ble Apex Court as reported in (2021) 10 Supreme Court Cases 773 Satendra Kumar Antil vs. Central Bureau of Investigation and Another and particularly the parameters in relation to 'A' category of offence as contained in para 3, to which the present case would fall, in that eventuality, the present C-482 application is being disposed of with liberty left open to the applicant to resort to his recourses as protected by the judgment of Satendra Kumar Antil (Supra).

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

(Sharad Kumar Sharma, J.) 08.09.2022 Arti