Uttarakhand High Court

CRLR/246/2025 on 6 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                     COURT'S OR JUDGES'S ORDERS
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                   Registrar's order with
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      06.05.2025                            CRLR No. 246 of 2025
                                            Hon'ble Vivek Bharti Sharma, J.

Mr. Piyush Garg, learned counsel for the revisionist.

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

3. This present revision is filed under Sections 438 & 442 of B.N.S.S. by the revisionist for setting-aside of the order dated 23.04.2025 passed by learned Special Judge (Prevention of Corruption Act), Kumaon Mandal/2nd Additional Sessions Judge, Haldwani, District Nainital, whereby the learned trial court had dismissed the application filed by the revisionist under Section 233 of Cr.P.C. bearing paper no. 160Kha.

4. Learned counsel for the revisionist would submit that the prayer in the application filed by the revisionist under Section 233 of Cr.P.C., was made to summon the witnesses, which have been listed in the application, however, by the impugned order, the application was rejected.

He would further submit that the revision against the impugned order is maintainable.

He relies upon a judgment of Hon'ble Supreme Court in the case of 'Kalyani Baskar vs. M. S. Sampoornam', (2007) 2 SCC 258.

5. To this, learned State counsel prays for time to place case law in support of his case.

6. Not objected to by the learned counsel for the revisionist.

7. List this matter on 22.07.2025.

8. Till the next date of listing, further proceedings of Special Sessions Trial No. 05 of 2019 'State vs. Pradeep Chandra Pandey', pending in the court of learned Special Judge (Prevention of Corruption Act), Kumaon Mandal/2nd Additional Sessions Judge, Haldwani, District Nainital, shall remain stayed.

(Vivek Bharti Sharma, J.) 06.05.2025 Akash