C482/1715/2022
2022 Latest Caselaw 3101 UK

                   Office Notes, reports,
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SL.
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      23.09.2022
                                            C482 No. 1715 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Pranav Singh, Advocate, holding brief of Mr. Sanjay Kumar, Advocate, for the applicant.

Mr. V.S. Rathore, AGA, along with Mr. Pankaj Joshi, Brief Holder, for the State.

Having heard Mr. Pranav Singh, learned counsel, holding brief of Mr. Sanjay Kumar, Advocate, for the applicant.

The challenge in the present C482 Application, as given by the present applicant is to the FIR No. 3 of 2020 dated 03.01.2020, which was registered at Police Station, I.T.I. district Udham Singh Nagar, as well as the chargesheet dated 08.07.2020, as well as the summoning order dated 05.09.2020, which has been passed by the Court of Additional Chief Judicial Magistrate, Kashipur, district Udham Singh Nagar, in Criminal Case No. 6348 of 2020, State Vs. Jay Singh and others, in which the present applicant is being tried for the offences under Sections 147, 323, 354B, 504 & 506 of the IPC.

The applicant being conscious that all the offences would stand covered within the parameters of the judgment rendered by the Hon'ble Apex Court in SLP (Crl.) No. 5191 of 2021, Statender Kumar Antil Vs. CBI & Another, as reported in 2021 (10) SCC 773, particularly, the stipulations as provided under clause 'A' of the category of offences contained in para 3 of the said judgment, the applicant has made an alternative prayer.

Without venturing into the propriety of the FIR, summoning order or the chargesheet, the second alternative relief is being considered, leaving it open for the applicant to surrender himself before the Court and seek his remedy as per the alternative relief, which has been sought by him and if he does so within a period of two weeks from the date of receipt of the certified copy of this judgment, the same would be reasonably considered expeditiously by the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

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

(Sharad Kumar Sharma, J.) 23.09.2022 Mahinder/