C482/534/2018
2022 Latest Caselaw 2926 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date   or directions and        COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
             Signatures


                                      C-482 No.534 of 2018
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Pradeep Kumar Chauhan, Advocate for the applicants.

Mr. V.S. Rathore, AGA for the State of Uttarakhand.

None appears for respondent no.2. Though in the present C-482 application, the challenge given is to the summoning order/cognizance order dated 22.11.2017 which was passed by the court of Judicial Magistrate (First) Roorkee, District Haridwar, whereby the cognizance have been taken, as against the present applicants for the alleged commission of offences under Sections 427, 504, 506 and 387 of I.P.C. at P.S. Kotwali Manglor District Haridwar.

The nature of offence, which has been complaint of and for which the summoning order has been issued against the present applicants, their case would stand covered by the ratio laid down by the Hon'ble Apex Court in the judgment of Satendra Kumar Antil vs. Central Bureau of Investigation and Another as reported in (2021) 10 Supreme Court Cases 773, hence the appropriate recourse available to the present applicants would be under clause (e) of para 3 of the judgment of Satendra Kumar Antil.

Hence, while closing this C-482 application, the liberty is left open to the applicants to resort to the recourses provided within the frame work of the guidelines laid down by the Hon'ble Apex Court in relation to 'A' category of offence to which this C- 482 application is related.

Subject to the aforesaid, the C-482 application stands closed.

(Sharad Kumar Sharma, J.) 13.09.2022 Arti