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2020 Supreme(UK) 212

RAVINDRA MAITHANI
Sangeeta Chauhan – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Rajat Mittal, Advocate, Arvind Vashistha, Advocate, Vivek Pathak, Advocate, Kurban Ali, Advocate, Subhash Tyagi Bhardwaj, Advocate

JUDGMENT

Ravindra Maithani, J. - Common question of law and facts arise in both these petitions, therefore, they are being decided by this common judgment.

2. Challenge in these petitions under section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') is the order dated 16.04.2019 passed in Criminal Revision No.23 of 2018, Mahak Singh Vs. State of Uttarakhand and Another, by the Court of learned Additional Sessions Judge, Dehradun (the revision) as well as the order dated 18.07.2019 passed in Misc. Case No. 631 of 2018, Mahak Singh Vs Sangeeta and Others, by the Court of learned Judicial Magistrate, Doiwala, Dehradun (the case).

3. Heard learned counsel for the parties through video conferencing and perused the record.

4. It appears that an application under section 156 (3) of the Code was filed by the respondent no.2 against the petitioners which was registered as Misc. Case No. 631 of 2018, Mahak Singh Vs. Sangeeta and Others, in the Court of learned Judicial Magistrate First, Dehradun. This application was rejected on 07.08.2018 on the ground that respondent no.2 did not file an affidavit in support of the application under section 156(3) of the Code. This order

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