Vijay Singh Yadav And Munajir vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The applicants – accused persons, namely, Vijay Singh Yadav and Munajir, have invoked the inherent jurisdiction of this High 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.66 of 2021, “”State vs. Dushyant Singh and Others”, pending before the Judicial Magistrate, Tharali, District Chamoli.

Subsequent to the submission of the charge-sheet, the learned trial court took the cognizance and passed the impugned summoning order dated 27.07.2021 against the present applicants – accused persons under Section 420 read with Section 120B of IPC.

Heard Mr. Lalit Sharma, learned counsel for the applicants and Mr. V.K. Gemini, learned Deputy Advocate General for the State.

During the arguments, the learned counsel appearing for the applicants submitted that the applicants were not arrested during the investigation, and, after this submission, the learned counsel appearing for the applicants requested to dispose of the present matter by directing the trial court to consider the bail applications of the present applicants in terms of the judgment of the Hon’ble Supreme Court, passed in “Aman Preet Singh vs. C.B.I. through Director”, (2021) AIR (SC) 4154 and the judgment dated 07.10.2021, passed by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No.5191 of 2021, “Satender Kumar Antil vs.Central Bureau of Investigation and Another”.

The learned counsel for the State has no objection.

The present Criminal Miscellaneous Application (No.777 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of with the direction to the concerned trial court, in case, the applicants, namely, Vijay Singh Yadav and Munajir, move bail applications, the trial court shall consider the same in the light of the directions passed by the Hon’ble Supreme Court in the abovementioned cases.