C482/322/2023
2023 Latest Caselaw 1160 UK

               Office Notes,
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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                 C482 No.322 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Prakash Chandra, learned counsel for the applicant.

Mr. A.K. Sah, learned Deputy Advocate General along with Ms. Mamta Joshi, learned Brief Holder for the State.

The present applicant is facing the trial of ST No.65 of 2020, "State Vs. Manoj Kumar", wherein he has been tried for the offences under Sections 363, 366A, 376(3) of IPC and 3(d)/4(2) of the POCSO Act.

The challenge in the C482 application as it has been given is to the order dated 26.11.2022, which has been passed by the Court of learned Additional Sessions Judge, Roorkee, District Haridwar, on an application (Paper No.39d) preferred by the prosecution under Section 319 Cr.P.C., which has been partly allowed by the learned Additional Sessions Judge, Roorkee vide its order dated 26.11.2022. While partly rejecting the application, the Court has only permitted Mr. Vipin S/o Vikram to be summoned in the aforesaid Sessions Trial while exercising its powers under Section 319 Cr.P.C.

Even the operative portion and body of the judgment dated 26.11.2022, since it is an order passed on application, preferred by the prosecution, it will not be treated as to be an order passed on an application on which the reference has been made by the learned counsel for the applicant i.e. an application dated 11.10.2021.

Since, it is an order passed on an application for the prosecution being paper No.39 Ka, the present applicant cannot be said to be an aggrieved person. Hence, the C482 application lacks merit and the same is, accordingly, dismissed. However, dismissal of this application would not prejudice mind of the Additional Sessions Court to consider the application (Annexure-7), if not already considered, as preferred by the applicant under Section 319 of the Cr.P.C.

(Sharad Kumar Sharma, J.) 27.04.2023 Sukhbant