C482/1549/2023
2023 Latest Caselaw 2055 UK

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                               C482 No.1549 of 2023
                               Hon'ble Sharad Kumar Sharma, J.

Mr. Nadeem Azad, Advocate, for the applicants.

Mr. Atul Kumar Shah, D.A.G. for the State of Uttarakhand.

Heard learned counsel for the parties. The challenge in the present C482 application has been given by the applicants is to the proceedings of the Criminal Case No.23 of 2023, "State Vs. Dildar Malik and others", whereby in the proceedings, which has been drawn before the court of Additional Chief Judicial Magistrate, Haridwar, the present applicants have been summoned to be tried for the offences under sections 420, 120B, 452, 504 and 506 of IPC, and under sections ¾ of the Dowry Prohibition Act.

The applicants question the summoning order and the proceedings, by addressing the Court on factual aspects with regards to the plea of alibi and with regards to the factum of as to whether there was any exchange of money or not. All these facts, these two grounds, which have been pressed upon, they entail consideration of the evidence, which may not be an aspect, which could be gone into by the Court exercising the powers under section 482 of CrPC.

In that eventuality, without venturing into the merits of the matter, the applicants are relegated back to resort to their remedies as provided under the judgment of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2022 (10) SCC 51. If they do so within a period of two weeks from today, their bail application upon their surrender would be considered in the light of the guidelines framed for "A" category of the offences, as per paragraph 3 (e) of the said judgment.

Subject to the aforesaid, the C482 application is declined to be ventured.

(Sharad Kumar Sharma, J.) 03.08.2023 NR/