C482/1735/2023
2023 Latest Caselaw 2531 UK

Citation : 2023 Latest Caselaw 2531 UK
Judgement Date : 28 August, 2023

Uttarakhand High Court

C482/1735/2023 on 28 August, 2023

              Office Notes,
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             or proceedings
SL.
      Date    or directions                  COURT'S OR JUDGES'S ORDERS
No
             and Registrar's
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               Signatures
                               C482 No. 1735 of 2023

                               Hon'ble Sharad Kumar Sharma, J.

Mr. Pulak Agarwal, the learned counsel for the applicant.

Mr. Kuldeep Singh Rawal, the learned A.G.A. for the State.

Heard.

The present applicant is facing a trial of Criminal Case No. 320 of 2023, State vs. Zulfikar @ Zulfi & anr., whereby the present applicant has been summoned to be tried for the offences under Sections 504 and 506 of IPC, whereby other co-accused Zulfikar has been summoned for the offence under Sections 354 and 452 of IPC.

So far as the set of allegations which have been levelled in the FIR, being FIR No. 254 of 2021, dated 30.04.2021, if it is taken up as a whole, the allegation against the present applicant for involving himself is that of an act of criminal intimidation along with the co- accused Zulfi, and that is why in the charge sheet which was submitted by the Investigating Officer for the offence under Section 504 and 506 IPC, has been said to be made out against the present applicant, for which he has been summoned by the Court of Addl. C.J. M., Ramnagar, Nainital. Since, the applicant has been summoned for the offence under Section 504 and 506 IPC, which carries a sentence less than seven years, the same would be falling within the ambit of the parameters prescribed by the judgment of Satendra Kumar Antil vs. C.B.I., as reported in (2022) 10 SCC 51, hence, C482 application would stand disposed of with a liberty open to the applicant to resort his remedies, with regard to the 'A category' offences by resorting to the parameters prescribed in para 3(e) of the said judgment.

Subject to the aforesaid, the C482 application would stand disposed of.

(Sharad Kumar Sharma, J.) 28.08.2023