C482/1804/2021
2022 Latest Caselaw 128 UK

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                                  C 482 No. 1804 of 2021

                                  Hon'ble N.S. Dhanik, J.

Mr. Rahul Consul, learned counsel for the applicant.

Mr. V.S. Rathore, learned Deputy Advocate General for the State.

Learned counsel for the applicant submits that consequent upon the order dated 25.05.2018, passed by a Learned Single Judge of this Court, the FIR was registered against the applicant and thereafter, the impugned proceedings have been initiated against the applicant.

The applicant preferred a Special Appeal No. 462 of 2018 which was allowed by a Division Bench of this Court vide judgment and order dated 24.08.2018 and the aforesaid order of the Learned Single Judge was set aside.

Hence, learned counsel for the applicant would argue that the very basis on which the impugned proceedings against the applicant has been initiated stood set aside, then it would be futile and unjust to allow the said proceedings to continue.

Issue notice to respondent no. 2. Steps be taken within a week. Counter affidavit be filed within six weeks. List thereafter.

Meanwhile, learned counsel for the applicant shall also file the copy of the Special Appeal (supra).

Till the next date of listing, further proceedings in Criminal Case No. 450 of 2019 under Section 198, 200 read with under Section 193 and 420 IPC pending before the court of Chief Judicial Magistrate, Nainital shall remain stayed.

(N.S. Dhanik, J.) 14.01.2022 RV