Unknown vs Umesh Singh
2021 Latest Caselaw 3496 UK

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                                  CRLR No. 217 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. R.S. Sammal, learned counsel for the revisionist.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

This criminal revision is preferred against the judgment and order dated 17.08.2021 passed by the 2nd Additional Sessions Judge, Nainital in Sessions Trial No. 26 of 2018, State vs. Umesh Singh Bankoti.

It is argued by the learned counsel for the revisionist that revisionist no. 1 is not named in the FIR; he is a Doctor in Sushila Tiwari Hospital, Haldwani; he has no concerned with the Centre while revisionist no. 2 is the wife of revisionist no. 1; although she was the Director of De-addiction Centre situated at Haldwani but there is no evidence against her; she is falsely implicated ; although initially an FIR was lodged against her but during course of the investigation no evidence was found against her, accordingly, she was not charge sheeted; as per the evidence, accused Umesh Singh Bankoti is the main accused who committed the crime; name of revisionist no. 2 was disclosed simply on the basis that she was the Director of De-addiction centre while there is no other evidence against her except the oral statement of PW3 even PW3 was not present at the spot when the offence was committed; he was not the eye witness of the scene.

Learned counsel for the State prays for and is granted three weeks' time to file the counter affidavit.

Issue notice to respondent no. 2. Steps within seven days.

List the matter on 29.10.2021. In the meantime, the revisionists will have a right to move exemption application before the court concerned.

(R.C. Khulbe, J.) 07.09.2021 Parul