Naresh Sharma vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant-accused, namely, Naresh Sharma, has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No. 190 of 2022, “State vs. Naresh Sharma”, pending before the court of Additional Chief Judicial Magistrate, Rishikesh, District Dehradun or decide the present matter in the terms of judgment of the Hon’ble Supreme Court in Aman Preet Singh vs. C.B.I through Director.

Subsequent to the submission of charge-sheet, the trial court took cognizance and passed the summoning order under Sections 354 and 354A of I.P.C. against the present applicant-accused.

Heard Mr. Karan Anand, the learned counsel for the applicant and Mr. S.S. Adhikari, the learned Deputy Advocate General for the State.

During the arguments, the learned counsel appearing for the applicant, submitted that the present application, filed under Section 482 of the Code of Criminal Proceedure, 1973, may be disposed of with the direction to the concerned Magistrate to follow the judgment dated 02.09.2021, passed by the Hon’ble Supreme Court in Criminal Appeal No.929 of 2021, “Aman Preet Singh vs. C.B.I. through Director”.

The learned counsel appearing for the State has no objection.

In view of the said submissions, the instant application (Criminal Miscellaneous Application No. 1179 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of with the direction to the concerned Magistrate to follow the guidelines, issued by the Hon’ble Supreme Court in the said Criminal Appeal No.929 of 2021, “Aman Preet Singh vs. C.B.I. through Director”.