C482/645/2023
2023 Latest Caselaw 984 UK

             Office Notes, reports,
             orders or proceedings
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             Registrar's order with
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                                      C482 No.645 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Nivesh Bahuguna, Advocate for the applicants.

Mr. Pankaj Joshi, Brief Holder for the State. In the present C482 Application, the challenge, which has been given by the applicants, though is confined to the charge sheet and the cognizance order but the fact, which is apparent on record is that the charge has already been framed on 23.01.2023. As against the order of framing of charge since it is a conclusive decision taken by the court, the same would be revisable.

The C482 Application would not lie under the garb of putting a challenge to the charge sheet and the summoning order and this has been, what postulated by the judgment of (1978) SCC (Criminal) 10 Madh Limaye vs. State of Maharashtra.

In that eventuality, the counsel for the applicants seeks to withdraw the C482 Application with the liberty to file a criminal revision against the order of framing of charge. Hence, the C482 Application is accordingly, dismissed as withdrawn subject to the aforesaid liberty.

The Registry is directed to return a copy of the impugned order to the counsel for the applicants by substituting the same with the Xerox copy in order to enable him to resort to the appropriate remedy, available to him under law.

(Sharad Kumar Sharma, J.) 12.04.2023 Arti