C482/1672/2023
2023 Latest Caselaw 2337 UK

             Office Notes, reports,
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                                      C482 No. 1672 of 2023

                                      Hon'ble Pankaj Purohit, J.

Mr. Mohd. Matlub, learned counsel for the applicant.

2. Mr. T.C. Agarwal, learned D.A.G. (appeared through video conferencing) assisted by Ms. Lata Negi, learned Brief Holder for the State of Uttarakhand.

3. Heard learned counsel for the parties.

4. By means of this C-482 application, the applicant has challenged the charge- sheet dated 01.03.2022, cognizance/ summoning order dated 20.04.2023 passed by the learned Second Additional Civil Judge (Judicial Magistrate), Roorkee, Haridwar in Case No. 655 of 2023 (State Vs. Rajveer), under Section 420 of IPC and the entire proceedings thereby.

5. At the outset, learned counsel for the applicant made a submission that since the offence under Section 420 IPC carries a maximum sentence of imprisonment of 7 years, the C-482 application may be disposed of in the light of the judgment rendered by Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2022) 10 SCC 51, in as much as the case of the applicant falls in the category-A (e).

6. Learned State Counsel has no serious objection to the proposition made by the learned counsel for the applicant.

7. In this view of the matter, the present C-482 application is being disposed of in the light of the judgment of Satender Kumar Antil (Supra). However, the applicant-Rajveer shall surrender before the learned trial court and may seek his bail. His bail application shall be dealt with strictly in accordance with the guidelines framed by the Hon'ble Apex Court in the aforesaid judgment given under Category A (e).

8. With these observations, the C-482 application is hereby disposed of finally.

(Pankaj Purohit, J.) 19.08.2023 PN/-