C482/1728/2022
2022 Latest Caselaw 3127 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
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                                  C482 No. 1728 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Shariq Khursheed, Advocate, holding brief of Mohd. Safdar, Advocate for the applicant.

Mr. T.C. Agarwal, Deputy Advocate General with Ms. Lata Negi, Brief Holder for the State of Uttarakhand.

Heard learned counsel for the parties.

An F.I.R. under Section 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibiton Act was registered against the applicant in Police Station Laksar, District Haridwar on 30.12.2019. After investigation, the Investigating Officer has filed charge sheet on 22.02.2020, which is numbered as 94 of 2020. Learned Additional Chief Judicial Magistrate, Laksar, District Haridwar has summoned the applicant vide order dated 24.11.2020. In this criminal misc. application under Section 482 Cr.P.C., applicant has challenged the charge sheet dated 22.02.2020 and also the summoning order dated 24.11.2020 and he has also sought quashing of entire proceedings of Criminal Case No. 1482 of 2020 pending before learned Additional Chief Judicial Magistrate, Laksar, District Haridwar.

After arguing for a while, learned counsel for the applicant submits that he is not pressing the prayers made in the application and he is confining his prayer that this criminal misc. application be decided in terms of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Anthil Vs. Central Bureau of Investigation & another (Special Leave to Appeal (Crl.) No. 5191 of 2021). He further submits that all the offences are punishable for less than 7 years; applicant was not arrested during investigation; applicant cooperated during investigation. Thus, he submits that applicant is entitled to benefit of the judgment rendered by Hon'ble Supreme Court in the aforesaid case.

Learned Deputy Advocate General submits that the case is covered by the law laid down by Hon'ble Supreme Court in Satender Kumar Anthil's case (Supra), therefore, he has no objection to the limited prayer made on behalf of the applicant and this criminal misc. application can be disposed of with a direction to Court concerned to proceed as per the law laid down by Hon'ble Supreme Court in the said judgment.

Accordingly, the criminal misc. application is disposed of in terms of the direction issued by Hon'ble Supreme Court in Satender Kumar Anthil's case (Supra).

(Manoj Kumar Tiwari, J.) 24.09.2022 Arpan