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2024 Supreme(UK) 547

RAVINDRA MAITHANI
Nayeem Rahat – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.S. Adhikari, Adv.
For the Respondent: Mr. Vipul Painuly, Brief Holder, Mr. Neeraj Garg, Adv.

JUDGMENT :

Ravindra Maithani, J.

The challenge in this revision is made to the orders dated 17.02.2020 and 19.02.2020, passed in Sessions Trial No. 196 of 2007, State Vs. Kutubuddin and others, by the court of Additional Sessions Judge 4th, Dehradun (“the sessions trial”). By the impugned order dated 17.02.2020, the court observed that the offences that were committed by the revisionists and the co-accused were not done at one particular point of time, instead they were criminal acts, which were done in a chain. Therefore, no accused may be specifically charged for any specific offence, instead all the accused, including the revisionists should be charged with the same offences. This order was passed under Sections 216 of the Code of Criminal Procedure, 1973 (“the Code”). It is, thereafter, on 19.02.2020, the court framed charges under Sections 120B, 302 r/w Section 120B IPC, Section 302 r/w 201 r/w Section 120B IPC, Section 404 r/w 120B IPC, Section 467 r/w Section 120B IPC, Section 468 r/w Section 120 IPC and Section 471 r/w 120B IPC against the revisionists and all other co-accused.

2. Heard learned counsel for the parties and perused the record.

3. In order to appreciate the contro

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