JUDGMENT :

RAVINDRA MAITHANI, J.

1. The petitioner lodged an FIR on 23.10.2015, at Police Station Mallital, District Nainital, under Sections 341, 323 and 506 of IPC. Based on which, Case Crime No. 57 of 2015 was lodged. It appears that the police, after investigation, submitted charge-sheet and proceedings of the Criminal Case No. 18 of 2016, State vs. Amardeep Mann and Others were instituted, in the court of Chief Judicial Magistrate Nainital (for short “the case”). In the case, applications under Section 311 of the Code of Criminal Procedure, 1973 (for short “the Code”) were filed, which were rejected. The history of these applications is as hereunder:

(i) Initially, the application under Section 311 of the Code was filed by the prosecution, which was rejected vide order dated 15.01.2020.

(ii) The order dated 15.01.2020, passed in the case was unsuccessfully challenged by the State, in Criminal Revision No. 21 of 2020, State vs. Amardeep Maan and Others.

(iii) In between the petitioner sought permission to intervene in the prosecution. He moved an application under Section 302 of the Code. Thereafter, he moved another application under Section 311 of the Code, which was rejected by t