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2024 Supreme(UK) 308

RAKESH THAPLIYAL
Sanjay Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Rajesh Sharma, learned counsel
For the Respondent: Mr. Saurabh Pandey, learned Brief Holder

JUDGMENT :

Rakesh Thapliyal, J.

1. By the instant C482 application, applicant is challenging the charge-sheet no. 135 of 2019 dated 15.05.2019 as well as cognizance order dated 19.08.2019 passed by the Chief Judicial Magistrate, Dehradun, arising out of FIR being Case Crime No. 08 of 2019 (State Vs. Sanjay Kumar) wherein applicant has been summoned to face the trial for the offence punishable under Section 354-A (iii) and (iv) IPC.

2. The genesis of the case is arising out of the FIR registered as Case Crime No. 08 of 2019, Police Station – Kotwali, Dehradun wherein allegations had been levelled against the applicant for the offences punishable under Sections 294, 354-A, 506 IPC. The matter was investigated by the Investigating Officer, however, on completion of the investigation, offences punishable under Section 294, 506 IPC were deleted and charge-sheet has been filed only for the offence punishable under Section 354-A IPC. Subsequently, Chief Judicial Magistrate took cognizance on the said charge-sheet for the offence punishable under Section 354A (iii) and (iv) IPC and after taking cognizance, the case was registered as Criminal Case No. 08 of 2019 (State Vs. Sanjay Kumar). Learn

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