C482/1687/2023
2023 Latest Caselaw 2424 UK

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                                     C482 No.1687 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Shubhang Dobhal, Advocate, for the applicant.

Mr. V.K. Jemini, D.A.G., for the State of Uttarakhand/1.

Though a quite an elaborative argument, which has been extended by the learned counsel for the applicant, which almost are based upon non sustainable ground which requires an appreciation of the documents supplied by the applicant.

Primarily, the plea which was the basis of that the instant FIR, based on which, the applicant has been summoned, it happens to be a counter blast to the FIR registered by the applicant is a plea not sustainable because the incident narrated in the FIR registered by the applicant is that of 06.06.2022, and the incident narrated in the impugned FIR No.283, relates to 08.06.2022, which is subsequent in time.

Be that as it may, this Court is not venturing on the merits of the matter, as the learned counsel for the applicant has ultimately prayed for that he may be relegated to approach before the court of Chief Judicial Magistrate, Dehradun, to work out his remedies in the light of the judgment of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2022 (10) SCC 51, because for all the offences, for which he has been summoned, they carry a sentence of less than seven years, they will be governed by the parameters prescribed in paragraph 3 (e) of the said judgment.

Subject to the aforesaid, the C482 application stands disposed.

(Sharad Kumar Sharma, J.) 23.08.2023

NR