C482/1302/2022
2023 Latest Caselaw 7 UK

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                                      C482 No.1302 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Alauddin, Advocate for the applicant.

Mr. Pratiroop Pandey, AGA assisted by Mr. Pramod Tiwari, Brief Holder, for the State of Uttarakhand.

A Criminal Case No.803 of 2020 State vs. Nitu Singh, has been registered against the present applicant, before the court of Additional Chief Judicial Magistrate, Laksar District Haridwar for trying him for the offence under Sections 323, 325, 308, 504 and 506 of IPC.

The applicant in para 8 of the C-482 application has candidly submitted that all the offences for which he has been summoned to be tried, they are covered by the judgment of the Hon'ble Apex Court as reported in (2021) 10 SCC 773, Satendra Kuman Antil vs. Central Bureau of Investigation and Another, as all the offences carries a sentence of less than seven years, hence they would be falling under 'A' category of offences, as laid down by the Hon'ble Apex Court and would be governed by the parameters provided in para 3(e) of the said judgment.

Subject to the condition, that the applicant surrenders before the court of Additional Chief Judicial Magistrate, Laksar, District Haridwar within two weeks from today and seeks his remedy of bail as provided under para 3(e) of the said judgment, the proceedings under Section 82, which is being contemplated to be taken against the present applicant, as it has been narrated in the supplementary affidavit, that would be kept in abeyance for a period of two weeks only.

Subject to the above, the C-482 Application stands disposed of.

(Sharad Kumar Sharma, J.) 02.01.2023 Arti