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2025 DAILYLAW 4591 (UTT)

Raju Alias Rajnish v. STATE OF UTTARAKHAND

C482/16/2017 · 2025-08-11

Alok Mahra

body2025

Judgment text

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2025:UHC:7019 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482/16/2017 Hon’ble Alok Mahra, J. Mr. Vinod Joshi proxy counsel for Ms. Neetu Singh, learned counsel for the applicants. 2. Mr. B.N. Molakhi, learned Deputy A.G. for the State. 3. This C-482 application has been filed by the applicants seeking quashing of the charge sheet, summoning order dated 04.05.2016 passed by learned 1st Additional Civil Judge (J.D.)/Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No. 562 of 2016, arising out of Case Crime No. 4 of 2016 under Sections 323, 325, 504 & 506 I.P.C. 4. During the course of arguments, learned counsel for the applicants would submit that the offences for which the applicants have been summoned are punishable with imprisonment of less than seven years. Therefore, he prayed that the instant application may be disposed of in terms of the principles laid down by the Hon’ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation, reported in (2021) 10 SCC 773. 5. The learned State counsel does not dispute the applicability of the said judgment to the facts of the present case. 6. Having considered the submissions made by the learned counsel for the parties and the fact that all the offences alleged 2025:UHC:7019 against the applicants are punishable with imprisonment for a term not exceeding seven years, this Court is of the view that the applicants are entitled to the benefit of the guidelines issued by the Hon’ble Apex Court in Satender Kumar Antil (supra). 7. Accordingly, without expressing any opinion on the final merits of the case, the present C-482 application is disposed of in terms of the directions issued by the Hon’ble Supreme Court in the case of Satender Kumar Antil v. CBI, (2021) 10 SCC 773. The applicants shall be at liberty to approach the concerned court for appropriate relief in accordance with law and the guidelines laid down in the aforesaid judgment. 8. Pending applications, if any, also stand disposed of accordingly. (Alok Mahra, J.) 11.08.2025 Mamta 2025:UHC:7019