Uttarakhand High Court
C482/1293/2023 on 23 August, 2023
Office Notes,
reports, orders
SL. or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
MCRC/1/2023 (Correction Application)
In
C482 No.1293 of 2023
Hon'ble Sharad Kumar Sharma, J.
Mr. M.S. Dhapola, learned counsel for the
applicant.
Mr. V.K. Gemini, learned Deputy Advocate
General for the State.
This C482 Application was decided by this
Court, by judgment of 31.07.2023 but, due to
inadvertent typographical error, the relief, as
mentioned in the first page, has been wrongly
transcribed, which should have been in
consonance to the relief referred to in page no.3
of the C482 Application.
The correction application is allowed.
As a consequence thereto, the relief quoted
in the order would be treated to be deleted, which
is to be substituted and read by the following
relief as extracted hereunder:-
"It is, therefore, Most Respectfully prayed that this
Hon'ble Court may graciously be pleased to:-
a) pass/ issue an appropriate order/direction and/or
may pass order/direction for conducting a fresh
investigation or re-investigation at the behest of the
applicant by the police honestly, fairly, justly,
truthfully, properly and legally without any bias
and influence of previous investigation, as per the
alleged case of the Respondent No.2/complainant
as arising in respect of FIR No.33/22 dated
28.04.2022 U/S-376/506 of I.P.C. P.S. Jhankaiya,
including by a higher police officer of not less than
rank of SP, within a time bound manner including
by collecting all left out/fresh evidences from the
petitioner side as per law in the interest of justice.
b) order specially directing / ordering the investigation
previously carried and charge sheet/final report
dated 18.06.22 filed in Criminal Case No.1042 of
2022, titled as "State of Uttarakhand Versus
Deepak" under the provisions of Section 376, 506 of
I.P.C., passed by the Court of Ld. Judicial
Magistrate, Khatima, District-Udham Singh Nagar
and all the consequential proceedings arising
therefrom out of chargesheet dated 18.06.2022 out
of F.I.R.No.33 of 2022 dated 28.04.2022 at P.S.
Jhankaiya, District Udham Singh Nagar, presently
pending consideration/prosecution in the court of
Ld. Judicial Magistrate, Khatima, District-Udham
Singh Nagar in Criminal Case No. 1042 of 2022,
titled as "State of Uttarakhand Versus Deepak", not
to form part of the record of the case, being result of
entirely unfair, tainted, undesirable or findings of
police being upon no truth but being result of unjust,
wrongful and improper unfair investigation, while
doing the fresh investigation/re-investigation of the
case of the complainant/Respondent No.2 against
this applicant, for filing of fresh charge sheet/final
report upon investigation nor the same case i.e.
Criminal Case No.1042 of 2022, titled as "State of
Uttarakhand Versus Deepak" be allowed to be
proceeded with before the present court (or the
successor court), including for further trial
proceeding before the competent court of Ld. Judicial
Magistrate, Khatima, District-Udham Singh Nagar
as per law in the interest of justice.
c) call for complete records of the case pertaining to
summoning order dated 03.08.2022 passed in
Criminal Case No.1042 of 2022, titled as "State of
Uttarakhand Versus Deepak" under the provisions
of Section 376, 506 of I.P.C., passed by the Court of
Ld. Judicial Magistrate, Khatima, District-Udham
Singh Nagar and all the consequential proceedings
arising therefrom out of chargesheet dated
18.06.2022 out of F.I.R. No.33 of 2022 dated
28.04.2022 at P.S. Jhankaiya, District Udham
Singh Nagar in the interest of justice and may
quash the same, and/or
d) It is further prayed that this Hon'ble Court may
kindly be pleased to stay the cognizance and
summoning order dated 03.08.2022, chargesheet
dated 18.06.2022 as well as the entire proceedings
of Criminal Case No.1042 of 2022, titled "State of
Uttrakhand Versus Deepak" under the provisions of
Sections 376/506 of I.P.C., pending before the Ld.
Court of Judicial Magistrate, Khatima, District-
Udham Singh Nagar, arising out of FIR No.33 of
2022 dated 28.04.2022 under the provisions of
Section 376/506 of IPV registered at Police Station -
Jhankaiya, District - Udham Singh Nagar, during
the pendency of the present Criminal Misc.
Application before this Hon'ble Court.
e) pass any other or further suitable favorable order or
direction which this Hon'ble Court may deem fit and
proper under the facts and circumstances of the
case.
Dated:27.06.2023 (Rakesh Kumar Singh) & (M.S.Dhapola)
Advocates
Counsels for the applicant"
The order passed today would constitute as
to be the part of order dated 31.07.2023.
(Sharad Kumar Sharma, J.)
23.08.2023
Sukhbant
