C482/1646/2023
2023 Latest Caselaw 2289 UK

                     Office Notes, reports,
SL.                orders or proceedings or
         Date                                                    COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures

      17.08.2023
                                                C482 No. 1646 of 2023
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Rajendra Singh Azad, Advocate, for the applicants through video conferencing.

Ms. Lata Negi, Brief Holder, for the State.

This C482 Application emanates from the proceedings of Criminal Case No. 2991 of 2023, State Vs. Ishrar Ahmad @ Saharukh and others, which is the proceedings under Sections 147, 148, 323, 324, 325, 308, 504 & 506 of IPC, on which the present applicants have been summoned by the Court of 1st Judicial Magistrate, Roorkee, District Haridwar. The applicants have modulated their relief in the following manner:-

"That full facts and circumstances of the case have been narrated in the accompanying affidavit, which shall form part of this application. It is just and expedient in the interest of justice that this Hon'ble Court may graciously be may graciously be pleased to quash the entire criminal proceeding of Criminal Case No. 2991 of 2023 State v/s Ishrar Ahmad @ Saharukh and others, Under Section- 147, 148, 149, 323, 324, 325, 308, 504, 506 of I.P.C. Police Station- Kotwali - Manglaur, District- Haridwar arising from Case crime no. 593 of 2021 pending in the Learned Court of Ist Judicial Magistrate, Roorkee, District-Haridwar and also be pleased to set- aside the impugned Charge sheet and impugned order of cognizance dated 07-08-2023 passed by the Learned Court of Judicial Magistrate, Roorkee, District-Haridwar in Criminal Case No. 2991 of 2023 State v/s Ishrar Ahmad @ Saharukh and others, Under Section- 147, 148, 149, 323, 324, 325, 308, 504, 506 of L.P.C. Police Station- Kotwali Manglaur, District-Haridwar and/or also be pleased to dispose of this case in view of the law and principle laid down by the Hon'ble Supreme Court in the case of Satendra Kumar Antil v/s C.B.I. and another (2022) 10 S.C.C. 51)."

Since the applicants themselves have sought disposal of this C482 Application in the light of the judgment, as rendered by the Hon'ble Apex Court in the matters of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, as reported in 2022 (10) SCC 51, this C482 Application would stand disposed of on the ground of the admitted relief as sought by the applicants.

The applicants would be left open to resort to their recourses as available to them for 'A' category of offences, as prescribed in the aforesaid judgment of Satender Kumar Antil (supra).

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

(Sharad Kumar Sharma, J.) 17.08.2023 Mahinder/