C482/976/2023
2023 Latest Caselaw 1422 UK

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                                  C482 No.976 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Rajveer Singh, Advocate, for the applicant.

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

Under the backdrop of filing of this C-482 Application, an effort has been made by the learned counsel for the applicant to call upon the jurisdiction of this Court under Section 482 of the Cr.P.C, to appreciate the evidence, in order to cull out the case against the summoning of the present applicant by an order dated 15th September, 2022 in Compliant Case No. 635 of 2022, Smt. Soniya Devi Vs. Jasvir and others.

The nature of offence, for which, the applicant has been summoned is tried to be ventured by the learned counsel for the applicant by calling upon the Court to appreciate the statement recorded under Section 161 of the Cr.P.C., in order to determine the propriety of the summoning order. The 482 Cr.P.C. jurisdiction is not required to be ventured into by this Court in a manner to appreciate the evidence to determine, as to whether an offence under Sections 325, 452, 504 and 506 of the IPC is made out or not, as the High Court in the exercise of powers under Section 482 of the Cr.P.C. is refrained by the precedent laid down by the Hon'ble Apex Court, that the High Court is not supposed to appreciate the evidence, which is being brought on record, to conduct a pre-trial.

Hence, while dismissing this C482 Application, the applicant is relegated back to surrender before the learned Trial Court, i.e. the Court of Judicial Magistrate, Laksar, District Haridwar, and resort to his remedies as provided 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. If the applicant does so, his Bail Application would be considered in the light of the framework provided by the Hon'ble Apex Court in para 3 (e) of the judgment of Satender Kumar Antil.

Subject to the aforesaid, the C482 Application is dismissed.

(Sharad Kumar Sharma, J.) Dated 22.05.2023 Shiv