U.C.DHYANI
Sunil Kumar Gupta – Appellant
Versus
State of Uttarakhand – Respondent
U.C. Dhyani, J.
1. By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the impugned order dated 10.09.2015 passed by the 1st Addl. Sessions Judge, Dehradun in criminal revision no. 208 of 2015, Deepak Dogra vs. State & another.
2. The applicant initiated proceedings against respondent no. 2, by filing a criminal complaint case. Evidence was adduced by the complainant under Section 244 Cr.P.C. charge under Section 420 IPC read with Section 120-B IPC was framed against the accused by the trial court.
3. Aggrieved against the same, the accused filed a criminal revision, which was allowed. The matter was remitted back to the trial court for fresh consideration as per law and as per observations made by learned Lower Revisional Court, vide order dated 10.09.2015. Aggrieved against the same, present application under Section 482 Cr.P.C., has been filed by the complainant (applicant herein).
4. Before this Court proceeds to decide present application under Section 482 Cr.P.C., it feels its bounden duty to highlight the scope of discharge, as laid down by Hon’ble Apex Court in a catena of decisions, including the one in Shoraj Singh Ahlawat & other
Preeti Gupta and Anr. v. State of Jharkhand & Anr. (2010) 7 SCC 667
Shoraj Singh Ahlawat & others vs. State of U.P. & another
Shakson Belthissor v. State of Kerala and Anr. (2009) 14 SCC 466
Sajjan Kumar vs. Central Bureau of Investigation
State of Orissa v. Debendra Nath Pandhi (2005) 1 SCC 568
State of Orissa vs. Debendra Nath Padhi
State of Orissa vs. Debendra Nath Pandhi
Smt. Rumi Dhar v. State of West Bengal & Anr. (2009) 6 SCC 364
Rumi Dhar (Smt.) vs. State of West Bengal & another
Onkar Nath Mishra and Ors. v. State (NCT of Delhi) and Anr. (2008) 2 SCC 561
Union of India v. Prafulla Kumar Samal and Anr. v. (1979) 3 SCC 4
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