CRLR/188/2021
2021 Latest Caselaw 3000 UK

Citation : 2021 Latest Caselaw 3000 UK
Judgement Date : 11 August, 2021

Uttarakhand High Court

CRLR/188/2021 on 11 August, 2021

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CRLR No.188 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Sudhir Kumar, learned counsel for the revisionists.

Mr. J.S. Virk, learned Dy.A.G. along with Mr. Rakesh Joshi and Mr. Rohit Dhyani, learned B.H. for the State.

Heard.

This criminal revision is preferred against the judgment and order dated 20.07.2021, passed by 3rd Addl. Sessions Judge, Rudrapur, District U.S. Nagar, in Criminal Revision No.212 of 2018, "Israel Kha Vs. Swember Singh and another".

Admit.

Issue notice to respondent no.2. Steps be taken within a week.

Also heard on the stay application (IA No.1 of 2021).

From the perusal of the record, on the basis of police report a proceeding was initiated before the executive Magistrate under Section 145 Cr.P.C. in which the concerned Magistrate passed the order on 18.08.2018. Aggrieved by it the respondent filed a Criminal Revision No.212 of 2018 'Israel Kha Vs. Swember Singh and another' before the concerned Sessions Judge; the concerned Sessions Judge allowed the revision and set aside the impugned order dated 18.08.2018 and the matter was remanded back to the concerned executive Magistrate to hear the matter again.

It is argued by learned counsel for the revisionists that during the revision the respondent-Swember Singh has passed away; accordingly, his successor (present revisionists) moved an application on 03.07.2021 for impleadment, but no order was passed by the concerned Revisional Court and without giving any opportunity of hearing to the present revisionists, the Revisional Court has allowed the revision, which is illegal.

List this matter on 06.10.2021. In the meantime, the effect and operation of the impugned order dated 20.07.2021 passed by the 3rd Addl. Sessions Judge, Rudrapur, District U.S. Nagar, in Criminal Revision No.212 of 2018 'Israel Kha Vs. Swember Singh and another' will remain kept in abeyance.

Stay application stands disposed of.

(R.C. Khulbe, J.) 11.08.2021 BS