The Applicant To The Present C482 vs Unknown
2023 Latest Caselaw 1251 UK

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                                 C482 No.841 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Ravindra Singh Rawat, learned counsel holding brief of Mr. Gaurav Singh, learned counsel for the applicant.

Mr. A.K. Sah, learned Deputy Advocate General along with Ms. Mamta Joshi, learned Brief Holder for the State.

The applicant to the present C482 application is facing the proceedings of SST No.30 of 2022, "State Vs. Nazakat Ansari" wherein he has been tried for the offence under Sections 323, 504, 506, 354, 295, 427, 452 of IPC, Section 3(1)

(t) & 3(1) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amended 2015), which was registered at Police Station Kankhal, District Haridwar.

The aforesaid proceedings stood instituted as a consequence of the submission of the Chargesheet, being Chargesheet No.01 of 2022 dated 30.11.2022, which was submitted by the Investigating Officer after conducting the investigation into the set of allegations levelled in FIR No.341 of 2022 dated 22.10.2022.

Learned counsel for the applicant while giving a challenge to the aforesaid Chargesheet and the summoning order and the entire proceedings of the Special Sessions Trial, has preferred this C482 application and then later on he submits that since all the offences carry a sentence of less than seven years, he prays that the matter may be disposed of in the light of the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation.

Owning to the aforesaid acceptance by the learned counsel for the applicant, wherein he has sought disposal of the C482 application on the aforesaid ground, this C482 application would stand disposed of with the liberty left open for the applicant to surrender before the Sessions Court concerned and seek his regular bail, which obviously would be decided in terms of the guidelines framed by the Hon'ble Apex Court in the aforesaid judgment of Satender Kumar Antil Vs. Central Bureau of Investigation, as reported in 2022 (10) SCC 51.

Subject to above exception C482 application is disposed of.

(Sharad Kumar Sharma, J.) 04.05.2023 Sukhbant