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2023 Supreme(UK) 267

SHARAD KUMAR SHARMA
Ankit Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant : Mr. S.K. Mandal.
For the State of Uttarakhand : Mr. Pratiroop Pandey, A.G.A.

JUDGMENT :

The applicant to the present C-482 Application has put a challenge to the proceedings of Criminal Case No. 8059 of 2018, State Vs. Ankit Kumar, which stood registered as a consequence of the culmination of the investigation being conducted by the Investigating Officer, into the set of allegations levelled in FIR, being FIR No. 557 of 2018, dated 21st September, 2018, which was registered by Constable 49 T.P. Dinesh Kapari, for the alleged involvement of the present applicant for commission of the offence under Sections 332 and 353 of the IPC.

2. Consequence to the submission of the chargesheet, the cognizance has been taken by virtue of an order dated 15th December, 2018, as it has been passed by the Court of Addl. Chief Judicial Magistrate Kashipur, District Udham Singh Nagar, in the aforesaid Criminal Case No. 8059 of 2018, State Vs. Ankit Kumar.

3. There are multifarious arguments, which have been extended by the learned counsel for the applicant, and in order to better deal with, it is aptly required to be classified as:-

    i. He submits, that the Constables, who had intercepted the present applicant on the date and place, which is mentioned in the FIR, since they being th

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