C482/1678/2022
2022 Latest Caselaw 3152 UK

                     Office Notes, reports,
SL.                orders or proceedings or
          Date                                                 COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      26.09.2022
                                                C482 No. 1678 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Kumar Sharma, Advocate, for the applicants.

Mr. Dinesh Chauhan, Brief Holder, for the State.

This matter was taken up on the previous date i.e. on 21.09.2022, whereby the applicants were directed to file supplementary affidavit bringing on record the status of the pending proceedings against him.

In compliance thereto, the learned counsel for the applicants has filed a supplementary affidavit on 23.09.2022 annexing therewith two orders, which have been rendered in the following cases :-

(i) Case No. 56 of 2002, State Vs. Israr, in which the applicant was being tried under Section 3 of the Gunda Control Act, which was emanating from Case Crime No. 49 of 2001, which was registered at thana kotwali Roorkee, Haridwar.

(ii) In another case, which was pending under Sections 457 and 380 of the IPC, registered at Gangnahar, Roorkee, district Haridwar, it was registered before the Court of 1st Principal Additional Munsif Magistrate, Roorkee, district Haridwar, by way of Case No. 2189 of 88, State Vs. Israr and others.

In both the proceedings, the applicant has been charged of the allegations which had been levelled against him by the respective orders, passed by the competent Court on 09.06.2006 and 24.07.1992.

In the instant C482 Application, the present applicants are facing the summoning order in a Complaint Case No. 1111 of 2020, Saood Sabri Vs. Israr @ Kankhara & Others, which is being tried under Sections 147, 500 & 504 of the IPC, which was registered at P.S. Kotwali Roorkee, district Haridwar, which is presently pending consideration before the Court of Additional Chief Judicial Magistrate, Roorkee, district Haridwar.

Looking to the nature of offences, for which the trial is being conducted in Complaint Case No. 1111 of 2020, as referred to above, all the offences carry a sentence of less than 7 years and they would fall for consideration within the parameters laid down by the Hon'ble Apex Court in Satender Kumar Antil Vs. CBI & Another, as reported in 2021 (10) SCC 773, and particularly, in the light of the parameters provided in clause (e) of para 3 of the said judgment.

If the applicants surrender before the Court concerned within a period of two weeks from the date of receipt of the certified copy of this judgment, the applicants would be extended with the benefit of the guidelines framed by the Hon'ble Apex Court in the case of Satender Kumar Antil (supra), and the Court concerned would act accordingly.

For a period of two weeks till the applicants surrender before the Court concerned, the non-bailable warrants already issued against them, will not be executed.

(Sharad Kumar Sharma, J.) 26.09.2022 Mahinder/