C482/1724/2022
2022 Latest Caselaw 3131 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
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                                  C482 No. 1724 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Shariq Khursheed, Advocate, holding brief of Mr. Gaurav Singh, Advocate for the applicants.

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 147, 148, 332, 353, 323 I.P.C. was registered against the applicants in Police Station Buggawala, District Haridwar on 12.04.2020. After investigation, the Investigating Officer has filed charge sheet on 31.07.2020, which is numbered as 42 of 2020. Learned Judicial Magistrate, Roorkee has summoned the applicants vide order dated 11.01.2021. In this criminal misc. application under Section 482 Cr.P.C., applicants have challenged the charge sheet dated 31.07.2020 and also the summoning order dated 11.01.2021 and they have also sought quashing of entire proceedings of Case No. 05 of 2021 pending before learned Judicial Magistrate, Roorkee, District Haridwar.

Learned counsel for the applicants submits that he is not pressing relief clause (a), (b), (c) & (e) and he is confining his prayer only as regards relief clause (d). He submits that notice under Section 41-A Cr.P.C. was issued to the applicants, pursuant to which they appeared before the Investigating Officer and cooperated in the investigation; applicants were not arrested during investigation; all the offences are punishable for less than 7 years, therefore, applicants are entitled to benefit of protection of the 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).

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 applicants 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