Goswami vs State Of Uttarakhand And
2022 Latest Caselaw 3424 UK

                Office Notes,
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      Date                                     COURT'S OR JUDGES'S ORDERS
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                                  C-482 No. 1919 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. M.S. Bhandari, Advocate for the applicant.

Mr. V.S. Rathore, learned A.G.A. along with Mr. Pankaj Joshi, Brief Holder for the State of Uttarakhand/respondent no.1.

In the earlier Criminal Misc. Application No. 851 of 2022, "Kulanand Goswami Vs. State of Uttarakhand and another", where the challenge was given to the charge-sheet, as well as, to the summoning order dated 22.05.2022, which was passed the court of learned Judicial Magistrate, Ukhimath, District Rudraprayag, in Criminal Case No. 37 of 2022 "State Vs. Kulanand Goswami", the said C-482 application was allowed by this Court vide its judgment dated 29.09.2022, and the matter was remitted back to the court concerned to pass a fresh and reasoned summoning order, after considering the material, and after a rational application of mind.

After rendering of the said judgment, the court of learned Judicial Magistrate, Ukhimath, District Rudraprayag, has yet again passed almost a similar order of summoning the present applicant without assigning any reason whatsoever.

This Court takes a judicial note, as against the order passed by the learned Judicial Magistrate, Ukhimath, District Rudraprayag. Apart from issuing notices to the respondent no.2.

Steps to be taken within a period of ten days from today.

List after service of notice on the said respondent, who may file counter affidavit within a period of three weeks.

In the meantime, as an interim measure, it is provided that till the next date of listing, the further proceedings of Criminal Case No. 37 of 2022 "State Vs. Kulanand Goswami", which is pending consideration before the court of learned Judicial Magistrate, Ukhimath, District Rudraprayag, would be kept in abeyance.

The Registrar General of this Court is directed to call for an explanation, from Mr. Rohit Kumar Pandey, the Judicial Magistrate, Ukhimath, District Rudraprayag, as to how, he could err to comply the judgment dated 29.08.2022, passed by this Court, and reiterated the same summoning order, which stood quashed by the judgment dated 29.08.2022.

The explanation to be submitted on the judicial side in the present C-482 application, within three weeks from today.

List as part heard.

(Sharad Kumar Sharma, J.) 20.10.2022 Mamta