C482/594/2022
2022 Latest Caselaw 3804 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  MCRC No. 6 of 2022
                                  In
                                  C482 No. 594 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Dhruv Chandra, Advocate, for the applicant.

Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

Mr. B.S. Kathait, Advocate, on behalf of Mr. Siddhartha Sah, Advocate, for respondent No.2.

The inability expressed by the 2nd Additional District & Sessions Judge, in its administrative letter dated 14th November, 2022, expressing her inability to consider the application under Section 91 of the Cr.P.C., which was directed to be decided within the time period prescribed by the order dated 29th August, 2022, is because of the fact, that the records of Sessions Trial No. 87 of 2018, State Vs. Harjeet Singh and others, since has been summoned by this Court in another C482 Application No. 1324 of 2022, Jaipal Singh Vs. State and another, and the records pertaining to the application under Section 91 forms to be part in Part-C of the said records. The application as it was directed to be considered by the judgment could not be decided within the prescribed time period.

While considering the application preferred on administrative side by the Judicial Officer, the Registry is directed to remit the records of Part-C of the lower court, which is on record of C482 Application No. 1324 of 2022, to the Court of 2nd Additional District and Sessions Judge, Rudrapur, District Udham Singh Nagar, and she is hereby directed, that as soon as, she receives Part-C of the records, containing the application moved under Section 91 of the Cr.P.C., the same would be decided by her within the prescribed time period as provided by the judgment dated 29th August, 2022.

Accordingly, the administrative application is disposed of. The record of Part-C would be remitted immediately after decision in application under Section 91 of the Cr.P.C.

Registry is directed to do the needful.

(Sharad Kumar Sharma, J.) Dated 25.11.2022 Shiv