C482/628/2023
2023 Latest Caselaw 932 UK

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      06.04.2023                            C482 No. 628 of 2023

                                            Hon'ble Sharad Kumar Sharma, J.

Mr. D.N. Sharma, learned counsel alongwith Ms. Manju Bahuguna, learned counsel for the applicants.

Mr. T.C. Agarwal, learned D.A.G. assisted by Mr. Tumul K. Nainwal, learned Brief Holder for the State of Uttarakhand.

The applicants to the C-482 application have put a challenge to the summoning order dated 01.09.2021, as it was passed by the Court of Judicial Magistrate, Khatima, District Udham Singh Nagar, in Criminal Case No. 1291 of 2021, "State Vs. Navi Ahmad and others", wherein, they have been summoned for the offences under Sections 323, 452, 504 and 506 of IPC.

It is an admitted case of the counsel for the applicants, that all the offences are carrying a sentence of less than seven years and as such he himself has prayed for, that since the sentences, in relation to each of the offences are less than seven years, the C-482 application may be disposed of in the light of the judgment Satender Kumar Antil Vs. Central Bureau of Investigation and another as reported in (2022) 10 SCC 51, and that he may be permitted to surrender before the Court of Judicial Magistrate, Khatima, District Udham Singh Nagar and seek his bail in accordance with the guidelines framed by the Hon'ble Apex Court.

Subject to the aforesaid liberty is being granted to the applicants, the C-482 application is hereby stand disposed of.

(Sharad Kumar Sharma, J.) 06.04.2023 PN/-