2025:UHC:2625 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482 No.1313 of 2016 Hon’ble Alok Mahra, J. Mr. Abhishek Verma, Advocate for the applicants. Mr. J.S. Virk, Deputy Advocate General for the State of Uttarakhand. 2. In this criminal misc. application under Section 482 Cr.P.C., applicants have sought quashing of summoning order dated 26.04.2016. Applicants have also sought quashing of entire proceedings of Criminal Case No. 1580 of 2016 pending in the Court Chief Judicial Magistrate, District Dehradun. 3. Learned counsel for the applicants submits that no permission of Forest Department was obtained by the Police prior to lodging of F.I.R. He further submits that learned Chief Judicial Magistrate has not applied his mind before issuing the summoning order. 4. Per contra, learned State Counsel submits that, upon investigation on the complaint made by Forest Officers, allegations made against the applicants were prima facie found to be true and thereafter, F.I.R. came to be registered against them and, subsequently, applicants were charge sheeted. He submits that as far as non-application of mind of learned Chief Judicial Magistrate is concerned, a bare perusal of the summoning order would reveal that the said order was passed after perusing the entire material available on record. Thus, the view taken by the learned Chief Judicial Magistrate, cannot be faulted. He submits that evidence collected during investigation was found to be sufficient to prosecute the applicants and whether 2025:UHC:2625 applicants are guilty or not can be decided only during trial after leading evidence. 5. Learned counsel for the applicants then submitted that all the offences are punishable for less than seven years, therefore, applicants are entitled to benefit of law laid down by Hon’ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & another, (2021) 10 SCC 773, (2022) 10 SCC 51 and 2023 SCC OnLine SC 452. 6. Accordingly, criminal misc. application is disposed of in terms of the aforesaid judgment. (Alok Mahra, J.) 08.04.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.04.08 16:08:58 +05'30'