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2017 Supreme(UK) 170

U.C.DHYANI
Sunil Kumar Gupta – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant :Mr. S. K. Jain, Senior Advocate, assisted by Mr. Siddhartha Jain, Advocate.
For the Respondent:Mr. Pramod Tiwari, Brief Holder., Mr. Neeraj Garg, Advocate.

JUDGMENT :

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





































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