C482/1600/2023
2023 Latest Caselaw 2201 UK

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                                 C482 No.1600 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Vikas Kumar Guglani, learned counsel for the applicant.

Mr. A.K. Sah, learned Deputy Advocate General for the State.

The present applicant is facing the proceedings of Criminal Case No.600 of 2023, "State Vs. Khushwant Singh and others" whereby, by the order passed by the Chief Judicial Magistrate, Udham Singh Nagar on 19.06.2023, they have been summoned to be tried for the offences under Section 420, 506 of the IPC.

After having heard learned counsel for the applicant at length since the entire facts of the C482 Application is foundation upon an appreciation of evidence, which may not be a scope opened to be ventured under Section 482.

Learned counsel for the applicant submits that the C482 Application may be disposed of in the light of the judgment of the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, as reported in 2022 (10) SCC 51.

Owing to the above, this C482 Application would stand disposed of, leaving it open for the applicant to surrender before the Court of Chief Judicial Magistrate, Udham Singh Nagar and resort to her remedies as provided under paragraph no.3(e) of the said judgment in relation to the 'A' category of offences, which carry a sentence of less than seven years.

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

(Sharad Kumar Sharma, J.) 11.08.2023 Sukhbant