Kumar Dhaiya vs State Of Uttarakhand
2022 Latest Caselaw 2019 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      06.07.2022                        C482 No. 1060 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The respondent no. 2 had moved an application under Section 156 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"). The said application was dismissed. The respondent no. 2 preferred a Criminal Revision (No. 235 of 2019, "Sanjay Kumar Dhaiya vs. State of Uttarakhand and four others"). The said Criminal Revision was allowed on 16.06.2022. The Revisional Court had directed the respondent no. 2 to appear before the trial court on 27.06.2022.

Heard Mr. Vipul Sharma, learned counsel for the applicant and Ms. Shivangi Gangwar, learned Brief Holder for the State.

On 30.06.2022, the learned counsel appearing for the applicant had sought 24 hours time to apprise this Court regarding the proceedings conducted by the trial court on 27.06.2022.

Today, Mr. Vipul Sharma, the learned counsel for the applicant submitted that on 27.06.2022, 01.07.2022 was fixed by the trial court and the next date is fixed on 14.07.2022 for hearing on the application, filed under Section 156 (3) of the Code.

The learned counsel for the applicant submitted that before filing an application under Section 156 (3) of the Code, there should be applications under Sections 154 (1) and 154 (3) of the Code and both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. In support of the said submissions, the learned counsel appearing for the applicant has relied upon a judgment of the Hon'ble Supreme Court passed in Priyanka Srivastava and Another vs. State of Uttar Pradesh and Others, (2015) 6 SCC

287. The learned counsel for the applicant further submitted that copy of the application under Section 154 (1) of the Code has not been filed by the respondent no. 2, in support of his application, filed under Section 156 (3) of the Code.

Issue notice to the respondent no. 2.

Steps to be taken within four days. List this matter on 06.08.2022. Till then, the effect and operation of the impugned judgment dated rd 16.06.2022, passed by the 3 Additional District and Sessions Judge, Udham

of 2019, "Sanjay Kumar Dhaiya vs. State of Uttarakhand and four others", are stayed.

(Alok Kumar Verma, J.) 06.07.2022 AK