Hari Ram vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This application, under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the applicant – accused Hari Ram with the following reliefs:-

To quash the entire proceedings of Criminal Case No.431 of 2016, “State vs. Sunil Raturi and Others”, pending before the Judicial Magistrate/Additional Civil Judge, Rishikesh, District Dehradun.

Or

To dispose of the instant Criminal Miscellaneous Application in the light of the judgment rendered by the Hon’ble Supreme Court in “Satender Kumar Antil vs. Central Bureau of Investigation and Another”, (2021) 10 SCC 773.

After submission of the charge sheet, the trial court took cognizance and passed a summoning order under Sections 420, 120B of IPC against the present applicant-accused.

Heard Mr. Karan Anand, the learned counsel for the applicant and Mr. Atul Kumar Sah, the learned Deputy Advocate General assisted by Mrs. Mamta Joshi, the learned Brief Holder for the State.

The learned counsel for the applicant submitted that the first relief, as prayed in the main application, under Section 482 of the Code of Criminal Procedure, is not being pressed by the applicant. He further submitted that the applicant was not arrested during the investigation and he co-operated through out in the investigation including appearing before the Investigating Officer, whenever he was called. The learned counsel for the applicant requested to dispose of the present matter by directing the concerned court to decide the bail application of the applicant-Hari Ram by granting benefit of the judgment of the Hon’ble Supreme Court in Satender Kumar Antil (Supra).

The learned counsel for the State has no objection on the said submissions.

Having considered the submissions of the learned counsel for the parties, the first relief, as prayed, in the main application, under Section 482 of the Code of Criminal Procedure, 1973, is rejected as not pressed, and, it is directed that in case, the applicant, namely, Hari Ram moves an application for bail, the court below shall consider the same following the directions of the Hon’ble Supreme Court in Satender Kumar Antil (supra).

The present Criminal Miscellaneous Application (No.1312 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.