C482/923/2023
2023 Latest Caselaw 1328 UK

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                                  C482 No. 923 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Mohit Kumar, Advocate, for the applicant.

Mr. Pratiroop Pande, A.G.A., for the State of Uttarakhand.

The allegation against the present applicant is that he was instrumental in wrongly collecting money from various investors under an allurement to be provided profitable benefit at a later maturity stage.

The applicant denies his status, and his connectivity to the firm, with which he was engaged in floating such type of schemes for collecting the money from the public at large, investing the same in profit earning schemes.

Later on, on culmination of the investigation resulting into submission of the chargesheet dated 18th September, 2021, the applicant has been summoned to be tried for the offence under Section 420 of the IPC.

Offence under Section 420 of the IPC, would be falling within the domain of the parameters as laid down by the Hon'ble Apex Court in the judgment as reported in (2022) 10 SCC 51, Satender Kumar Antil Vs. Central Bureau of Investigation and another.

For the aforesaid reasons, it will be open for the applicant to surrender before the Court of Judicial Magistrate, Jaspur, District Udham Singh Nagar, and seek his appropriate remedy as provided in para 3 (e) of the judgment of Satender Kumar Antil (Supra).

Subject to the aforesaid liberty only, this C-482 Application would stand disposed of.

(Sharad Kumar Sharma, J.) Dated 15.05.2023 Shiv