Ms. Prabha Naithani vs Unknown
2023 Latest Caselaw 1006 UK

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                                  C482No. 709 of 2023
                                  Hon'bleSharad Kumar Sharma, J.

Ms. Prabha Naithani, learned counsel for the applicant.

Mr. Pratiroop Pandey, learned A.G.A. for the State.

The present applicant is facing the proceedings of Criminal Case No. 104 of 21, State Vs. Hirendra Solanki, whereby he has been summoned by the impugned order dated 30.11.2021 to be tried for the offences under Section 420, 468, 120-B of I.P.C and Section 66(d) of I.T. Act. The summoning order has been put to challenge on various counts, but we are not required to venture into that aspect for the reason being that the applicant himself has confined his relief, which has been sought on the basis of the judgment of "Satender Kumar Antil Vs. Central Bureau of Investigation and Another", as reported in 2022 (10) SCC Page 51.

In that eventuality, while disposing of C482 Application on the aforesaid admitted relief claimed by the applicant, it will be open for the applicant to surrender before the learned trial Court within a period of two weeks from today and seek to his appropriate remedy as available for 'A' category of offences, as prescribed in para 3(e) of the said judgment.

For the period, till the applicant surrenders and his bail application is considered, the N.B.W. already issued against the present applicant and the consequential proceeding under Sections 82 and 83 of the Cr.P.C. would not be given effect to.

The interim protection granted by this Court may not be construed that this Court has made any observations on merit of the matter, which has to be independently decided.

(Sharad Kumar Sharma, J.) 17.04.2023 Akash