C482/140/2023
2023 Latest Caselaw 324 UK

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      30.01.2023                                C-482 No. 140 of 2023
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Lalit Sharma, Advocate for the applicant.

Mr. Pratiroop Pande, learned A.G.A. along with Mr. Pramod Tiwari, Brief Holder for the State.

In the present C482 Application, the applicant is being tried for his involvement for the commission of offence under Section 135 of the Electricity Act, as it was registered against him by way of Special Sessions Trial No. 517 of 2022 "State Vs. Vinod Sharn", before the court of learned Special Session Judge, Udham Singh Nagar.

Learned counsel for the applicant would submit, that the nature of the offence for which the cognizance has been taken by the order dated 02.08.2022, since it carry a sentence of less than seven years, they will be falling for consideration within the ambit of the parameters laid down by the judgment of Hon'ble Apex Court as rendered in "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2021 (10) SCC 773. Thus, according to him, his case would stand covered with the aforesaid judgment (Supra).

In view of the aforesaid admitted position, which has been argued by the learned counsel for the applicant, this Court without venturing into the C-482 application on merits of the matter, disposing of the C-482 application with the liberty left open for the applicant to surrender before the court concerned, and seek his appropriate remedy under paragraph 3(e) of the aforesaid judgment in relation to the 'A' Category offences, as classified by the Hon'ble Apex Court in the aforesaid judgment of Satender Kumar Antil (Supra).

Subject to the aforesaid, C-482 application stands disposed of.

(Sharad Kumar Sharma, J.) Vacation Judge 30.01.2023 Mamta