Noman vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an application under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No. 1113 of 2021, “State Vs. Noman”, pending before the Court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar for the offence under Sections 323, 452, 504 and 506 of IPC.

Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. A.K. Sah, learned Deputy Advocate General for the State.

Mr. Bilal Ahmed, the learned counsel for the applicant-accused submitted that a supplementary affidavit along with an application (Criminal Miscellaneous Application No. 1256 of 2022) has been filed by the applicant. The said supplementary affidavit is taken on record.

Mr. Bilal Ahmed, the learned counsel for the applicant-accused, submitted that the relief as prayed in the main application, under Section 482 of the Code of Criminal Procedure, 1973, is not being pressed by the applicant. He further submitted that the applicant was not arrested during the investigation, and, he cooperated throughout in the investigation including appearing before the Investigating Officer, whenever he was called, therefore, the learned counsel appearing for the applicant submitted that the applicant is requesting through the said supplementary affidavit to decide the present matter by directing the court below to decide the bail application of the applicant providing him the benefit of the judgment of the Hon’ble Supreme Court in Satender Kumar Antil vs.Central Bureau of Investigation and Another”, (2021) 10 SCC 773.

The learned counsel appearing for the State submitted that instructions have been received from the Investigating Officer and according to the instructions, the applicant-accused was not arrested during the investigation and he cooperated throughout in the investigation.

Having heard the learned counsel for the parties, the 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-Noman moves an application for bail, the court below shall consider the same, following the guidelines, formulated by the Hon’ble Supreme Court in Satender Kumar Antil (Supra).

The present Criminal Miscellaneous Application (No.1256 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.