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HIGH COURT OF UTTARAKHAND
Lok Pal Singh, J
Rajesh Kumar – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. the validity of the license held by the revisionist. (Para 1 , 2 , 3 , 4) |
| 2. principles for determining discharge and charge framing. (Para 5 , 10 , 14) |
| 3. consideration of evidence presented by the defence. (Para 6 , 9) |
| 4. distinction between suspicion and grounds for a charge. (Para 11 , 13) |
| 5. outcome of the revision and its implications. (Para 15 , 16) |
This criminal revision is directed against the order dated 14.12.2015, passed by learned Addl. Chief Judicial Magistrate, Roorkee, District Haridwar, in Criminal case no. 1550 of 2014 (old no. 2699 of 2012), State vs Rajesh Kumar, whereby the application moved by the revisionist under Section 239 of Cr.P.C. was rejected by the said court and charge in respect of the offence punishable under Section 3 /7 of the Essential Commodities Act has been framed against the revisionist.
2) Prosecution story, in brief, is that complainant / respondent no. 2 lodged an FIR against the revisionist on 05.05.2009, at 14:00 P.M., at police Station, Bhagwanpur, District Haridwar, stating therein, that he received information from an informer that illegal business of selling diesel is going on in village Hallumajra. On this information,
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