Anil Kumar vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant – accused Anil Kumar has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet, cognizance/summoning order and the entire proceedings of Criminal Case No.616 of 2021, “State vs. Satya Devi and Another”, pending before the court of Ist Judicial Magistrate, Dehradun.

After completion of the investigation, the charge-sheet was filed. The learned trial court took the cognizance and passed the impugned summoning order under Sections 420, 406, 504 and 506 of IPC against the present applicant – accused.

Heard Mr. Pawan Mishra, learned counsel for the applicant and Mr. T.C. Agarwal, learned Deputy Advocate General for the State.

In para no.5 of the present application, the applicant has stated that during the investigation, the applicant was not arrested and he cooperated the Investigating Officer. During the arguments, the learned counsel for the applicant submitted that the present matter may be disposed of with the direction to the court concerned, in case, the present applicant moves an application for bail, the court concerned shall consider the same providing benefit of the judgment, passed by the Hon’ble Supreme Court in “Satender Kumar Antil vs.Central Bureau of Investigation and Another, (2021) 10 SCC 773.

The learned counsel for the State has no objection.

The present application, filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of with the direction to the court concerned, in case, the applicant files an application for bail, the concerned court shall consider the same in view of the judgment of the Hon’ble Supreme Court in Satender Kumar Antil (supra).