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C482/2158/2019
2023 Latest Caselaw 1024 UK

Citation : 2023 Latest Caselaw 1024 UK
Judgement Date : 18 April, 2023

Uttarakhand High Court
C482/2158/2019 on 18 April, 2023
               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                          COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures

                                 IA/1/2023 (Stay Extension Application)
                                 In
                                 C482 No.2158 of 2019
                                 And
                                 IA/1/2023 (Stay Extension Application)
                                 In
                                 C482 No.2249 of 2019
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Safdar, learned counsel holding brief of Mr. Matloob Rawat, learned counsel for the applicants.

Mrs. Mamta Joshi, learned Brief Holder for the State.

These are two C482 applications. In C482 Application No.2158 of 2019, which relates to Criminal Case No.10657 of 2017, "State Vs. Imran and others", the present applicants have been summoned to be tried for the offences under Section 147, 148, 323, 504, 506, 332 and 353 of IPC.

In connected C482 Application No.2249 of 2019 which relates to Criminal Case No.10657 of 2017, "State Vs. Imran and others", the present applicants have been summoned to be tried for the offences under Section 147, 148, 323, 504, 506, 332 and 353 of IPC.

Before the matter could be ventured to be addressed on merits, learned counsel for the applicants has made a statement at Bar, that since all the offences for which the respective summoning orders have been issued, carry a sentence of less than seven years, they would be amenable as per the guidelines framed by the Hon'ble Apex Court in the judgment rendered in the matters of Satender Kumar Antil Vs. Central Bureau of Investigation as reported in 2022 (10) SCC 51.

Since all the offences will fall to be under 'A' category of offences as classified therein, the recourse available to the applicants would be to approach before the competent Court by seeking their remedy as prescribed in Para 3(e) of the said judgment.

Subject to the aforesaid, the present C482 applications would stand disposed of.

(Sharad Kumar Sharma, J.) 18.04.2023 Sukhbant

 
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