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2024 Supreme(Online)(UT) 4379

HIGH COURT OF UTTARAKHAND
Mr. Kishor Sharma – Appellant
Versus
THE STATE OF UTTARAKHAND – Respondent


Advocates:
Mr. Vinod Sharma, learned counsel for the applicants; Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand; Mr. R.S. Sammal, learned counsel for respondent No. 2

Hon’ble Manoj Kum ar Tiw ari, J.

1. This Criminal Miscellaneous Application under Section 482 CrPC is filed, challenging order dated 21.02.2015, passed by learned Ist Additional Sessions Judge, Udham Singh Nagar, in Criminal Appeal No. 30 of 2013. By said judgment, application under Section 391 CrPC, filed by complainant was allowed.

2. It transpires that respondent No. 2 lodged an FIR against applicants in Police Station, SIDCUL, Pant Nagar on 30.07.2006 and upon investigation, chargesheet was filed against applicants under Sections 323, 325, 504, 506 IPC. Learned trial court convicted the applicants for offence punishable under Section 323 IPC and sentenced them to six months’ imprisonment with fine of Rs. 500/- each and, acquitted them of the charge of offences punishable under Sections 325, 504, 506 IPC vide judgment and order dated 23.01.2013.

3. Dissatisfied with the punishment given to the accused persons, respondent No. 2 filed appeal against trial court’s judgment, which is registered as Criminal Appeal No. 30 of 2013 and is pending. In the said appeal, respondent No. 2 moved an application under Section 391 CrPC, for adducing additional evidence which was allowed vide order

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