C482/551/2023
2023 Latest Caselaw 986 UK

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                                      C482 No.551 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. M.K Ray, Advocate for the applicant. Mr. Tumul K. Nainwal, Brief Holder for the State.

This C482 Application is filed as a consequence of issuance of summoning order dated 02.07.2021 by the court of Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, who upon receipt of the charge sheet being Charge Sheet No.77 of 2021 dated 17.03.2021 has taken cognizance, which has resulted into registration of Criminal Case No.T- 926 of 2022, State vs. Jayprakash Mishra, whereby the present applicant has been summoned to be tried for the offence under Sections 452, 323 and 506 of IPC.

For cutting short the controversy, there had been an elaborate argument, that since all the offences carrying a sentence less than seven years, the appropriate recourse available to the applicant would be to resort to his remedies, as it has been contemplated to be laid down by the Hon'ble Apex Court in the judgment of Satendra Kumar Antil vs. Central Bureau of Investigation as reported in (2021) 10 SCC 51, particularly regards categorization of the 'A' category of offences, the parameters of which are covered by para 3(e) of the said judgment.

Subject to the aforesaid, the C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) 12.04.2023 Arti