Uttarakhand High Court
C482/1185/2022 on 23 November, 2022
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes,
reports, orders or
proceedings or
sl. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
C-482 No. 1185 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Piyush Garg, Advocate for the applicants.
Mr. Pramod Tiwari, Brief Holder for the State.
The present C-482 application is emanating from the matrimonial discord between the parties to the proceedings.
The applicant no.1 is the husband, applicant no.2 is mother-in-law, and applicant no.3 is brother-in-law of the complainant-respondent no.3, whose marriage is said to have been solemnized with the applicant no.1, on 10.12.2020.
Due to certain matrimonial discord, a first information report being F.I.R. No. 585 of 2021 dated 30.09.2021, which was got registered at Police Station-Kotwali Jwalapur, District Haridwar, by respondent no.3, for alleged involvement of the present applicants for the commission of offences under Sections 323, 498-A, 504 of I.P.C., and Section 3/4 of the Dowry Prohibition Act.
After completion of the
investigation, a charge-sheet being
Charge-Sheet No. 1 of 2022 dated
25.02.2022, was submitted by the
Investigating Officer, on which the
cognizance has been taken by the court of learned Chief Judicial Magistrate, Haridwar, whereby a summoning order dated 02.05.2022, has been issued against the applicants. As a consequence, the Criminal Case No. 4857 of 2022 "State Vs. Ashutosh Mishra and others", was registered.
Perusal of the record would reveal, that all the offences, which are complained of, against the present applicants, will fall to be within the domain of consideration, as per category 'A' offences, as classified by the Hon'ble Apex Court in the judgment reported in (2021) Vol. 10 SCC 773, "Satender Kumar Antil Vs. Central Bureau of Investigation and another".
When the present C-482 application was argued, the Coordinate Bench of this Court on 20.07.2022, directed the applicant no.1 to seek the benefit of the judgment of Satendra Kumar Antil (Supra), qua applicant no.1, and accordingly, the applicant no.1, has filed an application being Misc. Application No. 1 of 2022, seeking benefit of the judgment Satendra Kumar Antil (Supra) by surrendering himself, before the court below, and seeking regular bail.
The said application would stand disposed of qua applicant no.1, to surrender before the court of learned Judicial Magistrate, Haridwar, and seek his bail for his alleged involvement in the commission of the offences as complained of, and which is the subject matter of the trial of the aforesaid criminal case.
So far as, the applicant nos. 2 & 3, are concerned, since, they being the resident of State of Bihar, therefore, they too are directed to resort the same recourse, as provided under category 'A' offences, under the judgment Satendra Kumar Antil (Supra) by resorted to the recourse available in sub clause 'A' of paragraph-3 of the aforesaid judgment (Supra).
Subject to the aforesaid, the C-482 application stands disposed of.
(Sharad Kumar Sharma, J.) 23.11.2022 Mamta