C482/1686/2023
2023 Latest Caselaw 2408 UK

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                                 C482 No.1686 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Kumar Sharma, learned counsel for the applicants.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

This is the second C482 Application filed for the same cause of action, the first C482 Application No.801 of 2023, "Usha Rani and Another Vs. State of Uttarakhand and another" was dismissed by this Court by the judgment dated 28.04.2023.

The instant second C482 Application has been filed almost on the identical grounds, except for an exception to be carved out for seeking shelter of the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation, as reported in 2022 (10) SCC

This Court is of the view that for the purpose of seeking the benefit under the said judgment, no independent C482 Application is required to be filed, but rather the remedy is to be availed by the applicant himself by approaching the Court and placing reliance on the aforesaid judgment.

Since the instant C482 Application being the second one for the same cause of action, accordingly, the same is dismissed.

(Sharad Kumar Sharma, J.) 22.08.2023 Sukhbant