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2019 Supreme(UK) 324

SHARAD KUMAR SHARMA
Naveen Chandra Joshi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Shiv Bhatt, Adv., A.K. Sah, Adv., A.S. Bisht, Adv.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. This Criminal Revision has been preferred by the applicant revisionist, whose application preferred under Section 156 (3) of the Cr.P.C., has been rejected by the Court of Chief Judicial Magistrate, Nainital vide its judgment dated 28th May, 2018, as rendered in Misc. Case No. 135 of 2018, Naveen Chandra Joshi Vs. State of Uttarakhand and others.

2. Few basic questions which the revisionist has sought to raise in the present Revision are :

    1. There may be several civil or criminal disputes, which may be inter se pending between the same set of parties which may be having a civil nature and criminal nature and its respective civil consequence, but still, if it involves the ingredients of criminal offences and has any element of criminality, still it ought to have been registered under Section 154 of the Cr.P.C. as an F.I.R. for initiation of criminal proceedings.

2. It is argued by the learned counsel for the revisionist that the test of lodging of the criminal proceedings by the Court would depend upon the ingredients of the offences alleged of and it cannot be denied merely because of the fact that it involves the incidental adjudication of civil d

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