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RAKESH THAPLIYAL
Manish Singh Bisht – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Rakesh Thapliyal, J.)
1. Present petition has been preferred under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS).
2. The present applicant is challenging the order dated 28.05.2024, passed by the Sessions Judge, Pithoragarh in Misc. Application No. 21 of 2024, Manish Singh Bisht vs. Jagdish Chandra Punetha & anr., whereby the application preferred by the present applicant for the purposes of taking effective steps to serve respondent through wife has been rejected.
3. The present applicant was convicted in a proceeding initiated under Section 138 of the N.I. Act, and sentenced to undergo rigorous imprisonment with fine of Rs. 7,50,000/- and being aggrieved with the said order of conviction, a statutory appeal was preferred on 17.10.2019 along with delay condonation application. The said delay condonation application was rejected on the ground that no supporting document along with delay condonation application has been enclosed, subsequently, the applicant approach this Court and preferred an application under Section 482 Cr.P.C., being C482 No. 635 of 2024 has been preferred wherein he has annexed the supporting documents,
The wife may choose the venue for maintenance proceedings under the Bharatiya Nagarika Suraksha Sanhita, 2023, and the husband's convenience is not a valid basis for transfer.
The court emphasized the importance of following procedural requirements in criminal cases, particularly regarding the execution of sentences and the rights of the accused to appeal.
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