C482/548/2023
2023 Latest Caselaw 886 UK

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      31.03.2023                            C482 No. 548 of 2023
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Ajeet Kumar Yadav, learned counsel for the applicant.

Mr. Tumul K. Nainwal, learned Brief Holder for the State of Uttarakhand.

In the present C-482 application, the challenge given by the present applicant is to the summoning order, as it has been rendered in Criminal Complaint Case No. 2723 of 2020, "Kuldeep Vs. Baldev Singh", whereby he has been summoned to be tried for the offence under Section 420 of I.P.C.

The C-482 application is based upon a factual appreciation of evidence, which is being attempted to be ventured into before this Court.

This Court is of the view that the complaint which has been initiated under Section 420, will be amenable before the Competent Court, as per the guidelines framed by the Hon'ble Apex Court in the matters of Satender Kumar Antil Vs. Central Bureau of Investigation and another as reported in 2022 (10) SCC Pg. 51.

Since, the offence for which has been summoned, will be under the A-Category of offences, he would have to work out his remedies, as per the guidelines framed in Para 3(e) of the said judgment.

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

(Sharad Kumar Sharma, J.) 31.03.2023 PN/-