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2022 Supreme(UK) 312

SHARAD KUMAR SHARMA
Haneef Malik – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. Amar Murti Shukla, Advocate
For the Respondent:Mr. T.C. Aggarwal, Deputy Advocate General, along with Ms.
Lata Negi

JUDGMENT :

This C-482 Application is being pressed by the present applicant on a very short premise with regard to the manner in which the cognizance have been taken by the learned Court of Chief Judicial Magistrate, district Udham Singh Nagar, in Criminal Case No. 7353 of 2018, State Vs. Haneef Malik, whereby the present applicant has been summoned to be tried, for his alleged involvement in commission of the offences under Section 3/4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The solitary argument, which has been extended by the learned counsel for the applicant is, that the summoning order, which is on a format, is without an application of mind nor the same is reflected from the order itself that the Court prior to passing of the summoning had applied its rational, based on material before it.

2. Brief facts of the case are, that an FIR, being FIR No. 446 dated 20.12.2017, was got registered by the complainant Jagdhish Dhakriyal, for the alleged involvement of the named accused person i.e. the present applicant herein, for his alleged involvement in commission of the offence under Section 3/4 of the Prize Chits and Money Circulation Schemes (Banning) A

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