PRAMENDRA DOBAL vs STATE OF UTTARAKHAND

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(UK) 47

HIGH COURT OF UTTARAKHAND
PRAMENDRA DOBAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent

JUDGMENT :

Rakesh Thapliyal, J.

1. Mr. Piyush Garg, learned counsel for the applicant, argued at length by placing reliance on various judgments of the Hon’ble Apex Court as well as of the Allahabad High Court and by placing reliance he argued that the revisional court exceeded its power and jurisdiction by taking cognizance on additional documents, which were never been part of the investigation. He submits that the Magistrate concerned while rejecting the protest petition considered all the materials collected by the Investigating Officer while submitting the final report; however, the revisional court by allowing the application under Section 391 of Cr.P.C. accepted the additional documents, which infact were not part of the investigation. He submits that the order allowing the application under Section 391 of Cr.P.C. was challenged by the applicant in another C482 petition No. 652 of 2016, wherein, the liberty was given to the present applicant to raise all submissions before the court concerned and the relevancy of the documents cannot be examined at this stage since the revision is pending for adjudication.

2. In reference to the issue with regard to scope of revisional he furth