C482/1708/2016
2023 Latest Caselaw 845 UK

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                                  IA No. 2 of 2022
                                  In
                                  C482 No. 1708 of 2016
                                  Hon'ble Sharad Kumar Sharma, J.

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

Mr. T.C. Agarwal, Deputy A.G., with Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

In the present C-482 Application, the challenge as given by the applicants is to the Chargesheet No.8/2018 dated 10th January, 2016, and the summoning order dated 28.04.2016, as it has been issued by the Court of Judicial Magistrate 1st, Roorkee, District Haridwar, in Criminal Case No. 274 of 2016, State Vs. Sarwar Singh and others, whereby, the cognizance had been taken to try the present applicants for the offences under Sections 323 and 504 of the IPC.

Though, initially there was an interim order and respondent No.2 was noticed, but none has put in appearance on behalf of respondent No.2.

As the matter has not yet been admitted, coupled with the fact, that with the change of law, as per the dictum of the Hon'ble Apex Court in the matter of Satender Kumar Antil Vs. Central Bureau of Investigation and another, as reported in (2022) 10 SCC 51, this C-482 Application is being disposed of with the liberty left open for the applicants to surrender before the Trial Court and to seek the appropriate remedies as provided in para 3, Sub-clause (e) of the said judgment, which pertains to "A" category of offences, as classified by the said judgment.

If the applicants surrender within the period of two weeks, their bail application would be considered in the light of the judgment of Hon'ble Apex Court as rendered in Satender Kumar Antil (Supra).

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

(Sharad Kumar Sharma, J.) Dated 28.03.2023 Shiv