Hon'Ble Ravindra Maithani vs Rajeev
2022 Latest Caselaw 3869 UK

CRLR No.599 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Parikshit Saini, Advocate for the revisionists.

Mr. V.S. Rathore, A.G.A. for the State.

The challenge in this revision is made to the following:-

(i) Judgment and order dated 28.11.2018, passed in Criminal Case No.306 of 2013, State vs. Rajeev Kumar and another, by the court of Civil Judge (Jr. Div.)/Judicial Magistrate Kashipur, District Udham Singh Nagar (for short, "the case"), by which, the court has acquitted the revisionist for the charge under Sections 420, 467, 468, 471 IPC.

(ii) Judgment and order dated 12.09.2022, passed in Criminal Appeal No.330 of 2019, Sunil Mahendra vs. State of Uttarakhand and others, by the court of First Additional Sessions Judge, Kashipur, District Udham Singh Nagar (for short, "the appeal"). By it, the appeal has been allowed and the judgment and order passed in the case has been set aside and the matter has been remanded back to the court of Civil Judge (Jr. Div.), Kashipur, District Udham Singh Nagar for deciding it afresh on merits.

Heard.

During trial, in fact, the original documents could not before the court, there was no expert opinion, as such. It was a case of forgery.

By the impugned order, the court recorded that in the trial, the Presiding Officer is not expected to be a moot spectator. He is vested with the jurisdiction under Section 311 Code of Criminal Procedure, 1973 and 165 of the Indian Evidence Act, 1872.

Having considered, this Court is of the view that this matter requires deliberation.

Admit.

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

List this case on 06.04.2023. Till the next date of listing the operation of the judgment and order passed in the appeal shall remain in abeyance.

(Ravindra Maithani, J.) 01.12.2022 Sanjay