Hon'Ble R.C. Khulbe vs Unknown
2021 Latest Caselaw 1361 UK

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                                      CRLR No.94 of 2021
                                      Hon'ble R.C. Khulbe, J.

Heard Mr. B.S. Adhikari, learned counsel for the revisionist, Mr. V.S. Rathore, learned A.G.A. for the State of Uttarakhand, and, with their consent, the present revision is disposed of at the stage of admission.

This revision is directed against the judgment and order dated 24.03.2021 passed by learned Fast Track Special Court/ Addl. Sessions Judge, Dehradun, in S.S.T. No.102 of 2017, 'State vs. Abhinav & others'.

From the perusal of the record, it is clear that on 19.03.2021, the revisionist was directed to produce the witness Joyti Kashyap as DW5 on 24.03.2021 before the trial court.

On 24.03.2021 Joyti Kashyap was produced by the revisionist as DW5; accordingly, his statement was recorded; as per his statement, he was met an accident at Muzaffer Nagar; thereafter, he was taken to the Govt. Hospital, Muzaffer Nagar by the present accused on 10.08.2017; in this regard, he submitted a slip issued by the Govt. Hospital, Muzaffer Nagar, which shows that DW5 was brought by the present accused. The revisionist wants to produce the concerned person to prove the genuineness of the document in his defence, but the trial court rejected his prayer, which is essential to verify the fact whether the accused was actually present at Govt. Hospital on the date of incident mentioned in the FIR or not. Accordingly, this revision is allowed and the order dated 24.03.2021 passed by the learned Fast Track Special Court/ Addl. Sessions Judge, Dehradun, in S.S.T. No.102 of 2017, 'State vs. Abhinav & others' is set aside.

The trial court is directed to summon the record as mentioned in the application submitted by the accused and will also summon the concerned person to verify the genuineness of the document at the cost of revisionist.

The revisionist is directed to appear before the concerned court on the date fixed by the trial court.

Pending application, if any, stands disposed of.

Copy within 24 hours.

(R.C. Khulbe, J.) 07.04.2021 BS