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2023 Supreme(UK) 634

SHARAD KUMAR SHARMA
Vipin Kumar Jain – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Himanshu Pal.
For the Respondent: V.K. Gemini.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The applicant to the C482 Application puts a challenge to the interim orders, the first being that of 13.08.2019 as it was passed by the Court of Additional Chief Judicial Magistrate in Criminal Case No. 237 of 2015, State vs. Jaspal Singh and Others and consequently, it’s affirmation by the judgment of 11.07.2023 as it was passed by the Court of learned 1st Additional District Judge, Haridwar in Criminal Revision No. 640 of 2019, Vipin Kumar Jain vs. State of Uttarakhand and Others.

2. The consequential effect of the two orders would be, that the application as preferred under Section 319 of the Cr.P.C. by respondent no. 3 has been allowed and, as a consequence thereto, the present applicant has been summoned to be tried in Criminal Case No. 237 of 2015, State vs. Jaspal and Others.

3. While putting a challenge to the aforesaid two orders, the learned counsel for the applicant has summarized his first argument from the following perspective – that the application under Section 319 of the Cr.P.C. at the behest of respondent no. 3, would not be maintainable, because he is not a party to the proceedings and as such has got no locus-standi to file the

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