C482/1129/2018
2022 Latest Caselaw 3030 UK

                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. 1129 of 2018
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Prashant Khanna, Advocate, for applicant Nos. 1, 2 and 3.

Mr. T.C. Agarwal, Deputy A.G., with Mrs. Lata Negi, Brief Holder, for the State of Uttarakhand.

Mr. Pankaj Kumar, Advocate, on behalf of Mr. Neeraj Garg, Advocate, for respondent No.2.

In the present C482 Application, there are four applicants. It is stated by the newly inducted counsel, appearing for applicant Nos. 1, 2 and 3, that the applicant No.4 has already been granted bail by the Trial Court.

The applicant Nos. 1, 2 and 3, who are represented by Mr. Prashant Khana, Advocate, in this present C482 Application has questioned the summoning order dated 21st April, 2018, passed by the Chief Judicial Magistrate, Dehradun, in Complaint Case No. 3154 of 2017, for being tried for the offences under Sections 406, 323, 504 and 120-B of the IPC.

Looking to the nature of offences, for which, the trial are being conducted, all the offences will fall to be within an ambit of category 'A' of offences, as it has been settled by the Hon'ble Apex Court in a judgment reported in (2021) 10 SCC 773, Satender Kumar Antil Vs. Central Bureau of Investigation and another, and the parameters governing the proceedings for the offences, which carry sentences less than seven years has been categorized as "A" category of offences, for which, the remedy has been provided itself under its clause

(e). This is a fact which is admitted by the counsel for the applicants.

In that eventuality, the present C482 Application is being closed, with liberty left open to the applicant Nos. 1, 2 and 3 to approach before the learned Trial Court and seek their remedies in accordance with para 3 of the judgment of Satender Kumar Antil (Supra).

(Sharad Kumar Sharma, J.) Dated 20.09.2022 Shiv