The Present Applicants Have ... vs Unknown
2023 Latest Caselaw 704 UK

                   Office Notes,
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Sl. No   Date                                   COURT'S OR JUDGES'S ORDERS
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                                     C482 No.429 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Safdar, Advocate, for the applicants.

Mr. Pankaj Joshi, Brief Holder, for the State of Uttarakhand.

The present applicants have preferred this C482 application challenging the proceedings of the Criminal Case No.1046 of 2023, "State Vs. Ijajul and others", as well as the summoning order dated 23.01.2023, and the chargesheet dated 10.12.2022. The applicants have modulated the relief in the following manner:-

"It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/ set aside the impugned charge sheet dated 10.12.2022, summoning order dated 23.1.2023 and entire proceedings of Criminal Case No. 1046 of 2023 (crime no. 224 of 2022) State Vs Ijajul & others U/S 323, 498A, 504, 506 IPC PS Bahadrabad District Haridwar pending before Chief Judicial Magistrate. It is further prayed that during the pendency of present criminal misc. application, the further proceedings of Criminal Case No. 1046 of 2023 (crime no. 224 of 2022) State Vs Ijajul & others U/S 323, 498A, 504, 506 IPC PS Bahadrabad District Haridwar pending before Chief Judicial Magistrate may kindly be stayed or in alternate the learned court below be directed to hear and decide the bail application of the applicant in view of judgment rendered by Apex Court in Satendra Kumar Antil Vs CBI & others 2021 Vol D Supreme (SC) 603 and/or to pass any other order or direction which this Hon'ble Court may deem fit and proper in view of facts and circumstances of the case"

Since the applicants have already sought a relief, that the present C482 application may be decided in terms of the judgment of the Hon'ble Apex Court as rendered in the matters of "Satender Kumar Antil Vs. Central Bureau of Investigation and another" as reported in 2022 (10) SCC 51.

The C482 application would stands disposed of with the liberty left open for the applicants to resort to appropriate recourse available to them as per the guidelines framed in paragraph no.3 (e) of the aforesaid judgment by the Hon'ble Apex Court, so far it relates to the "A" category of the offences.

Subject to the aforesaid, the C482 application stands disposed of.

(Sharad Kumar Sharma, J.) 20.03.2023 NR/