CRLR/255/2024
2025 Latest Caselaw 3857 UK

Citation : 2025 Latest Caselaw 3857 UK
Judgement Date : 24 April, 2025

Uttarakhand High Court

CRLR/255/2024 on 24 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                      Office N ot e s,
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         Date         or dir e ct ions                     COURT'S OR JUD GE'S ORD ERS
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                        Signa t ur e s
       24.04.2025                            CRLR No. 255 of 2024
                                             Hon'ble Vivek Bharti Sharma, J.

Mr. Yogesh Pant, learned counsel for the revisionist.

2. Mr. Deepak Bisht, learned Deputy A.G. for the State.

3. Present criminal revision is filed against the impugned judgment and order dated 08.09.2023 passed by learned 3rd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar in Criminal Revision No. 278 of 2022, whereby the revision filed by the revisionist has been allowed by setting aside the order dated 14.12.2021 and remanded the case for fresh consideration.

4. Learned counsel for the revisionist would submit that the revisional court without considering the statements of the eye witnesses has passed the impugned order; that, the revisional court also failed to appreciate the settled law that the Magistrate is competent to issue process under Section 204 Cr.P.C. (the criminal procedure then was) and the revisional court cannot substitute its findings, therefore, the impugned judgment is unsustainable in the eyes of law.

5. Learned State counsel seeks and is granted time to file reply/objection the memo of revision.

6. List this case on 18.07.2025.

7. Till the next date of listing, the impugned judgment and order dated 08.09.2023 passed by learned 3rd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar in Criminal Revision No. 278 of 2022 shall be kept in abeyance.

8. Urgency application (IA 3 of 2025) stands disposed of accordingly.

(Vivek Bharti Sharma, J.) 24.04.2025 Mamta