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2017 Supreme(UK) 577

U.C.DHYANI
SURESH CHANDRA TIWARI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


For the Applicant :Mr. M.S. Pal, Sr. Advocate assisted by Mr. S.S. Bhandari and Mr. Surendra Singh Mehra, Advocates
For the Respondents:Ms. Geeta Parihar and Mr. D.K. Bankoti, Brief Holders and Mr. R.C. Tamta, Advocate

JUDGMENT

U.C. Dhyani, J.(Oral)

By means of present application under Section 482 Cr.P.C., the applicant seeks quashing of the observation / finding of the revisional court with respect to paragraph nos. 5 and 6 of the impugned judgment and order dated 04.06.2015.

2. Respondent no. 2 filed an application under Section 156(3) Cr.P.C. against his real brother (applicant herein). The same was dismissed by learned Chief Judicial Magistrate, Nainital, vide order dated 01.07.2014. Aggrieved against the same, respondent no. 2 filed a criminal revision, which too was dismissed by learned Sessions Judge, Nainital, vide order dated 04.06.2015.

3. In present application under Section 482 Cr.P.C., the findings of two courts below have not been assailed, only the observations made in para 6 of the judgment dated 04.06.2015, passed by the revision court, have been put to challenge.

4. Learned Senior Counsel for the applicant has taken an exception only to the observations made by learned revision court in para 6 of the judgment, whereby a direction was given to Nagar Palika Parishad, Nainital to decide the application of Lalit Mohan Tiwari (respondent no. 2 herein), in a particular way.

5.


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