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C482/1194/2016
2022 Latest Caselaw 2964 UK

Citation : 2022 Latest Caselaw 2964 UK
Judgement Date : 15 September, 2022

Uttarakhand High Court
C482/1194/2016 on 15 September, 2022
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 1194 of 2016
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Vinod Chandra, Advocate, on behalf of Mrs. Neetu Singh, Advocate, for the applicant.

Mr. V.S. Rathore, Assistant G.A., for the State of Uttarakhand.

Mr. S.K. Shandilya, Advocate, for respondent No.2.

In the present C482 Application, the applicant, herein, has prayed for quashing of the proceedings of Criminal Case No. 6634 of 2016, State Vs. Vikas Banga and others, which was arising out of Case Crime No. 143 of 2016, which was registered at Police Station Kotwali Jwalapur, District Haridwar, for the alleged involvement of the present applicants for the commission of the offense under Sections 498A, 323, 504 and 506 of the IPC and ¾ of the Dowry Prohibition Act.

Apart from challenging the proceedings, a prayer has also been made for quashing of the Chargesheet No.89 of 2016 dated 12th May, 2016.

Before venturing to address the C482 Application on merits, Mr. Vinod Tiwari, the learned counsel, holding brief of Mrs. Neetu Singh, the learned counsel for the applicants, has made a statement at Bar, that the matter would stand covered by the directives issued by the Hon'ble Apex Court in the judgment, as reported in (2021) 10 SCC 773, Satender Kumar Antil Vs. Central Bureau of Investigation and another, and the applicants could avail their recourses, as it has been provided in para 3 of the said judgment.

In view of the aforesaid, the offence, which has been levelled against the applicants, carries the sentence of less than seven years, it would fall under 'A' category of offences, as it has been provided and classified in para 3 of the judgment of Satender Kumar Antil (Supra).

Hence, this C482 Application would stand disposed of in terms of the said judgment, with the liberty left open to the applicants to move an appropriate application before the Court concerned and seek their remedies as contemplated in para 3 of the judgment of Satender Kumar Antil (Supra).

(Sharad Kumar Sharma, J.) Dated 15.09.2022 Shiv

 
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