SL.

No

Date

Office Notes,

reports, orders or

proceedings or

directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

CRLR No.117 of 2022

Hon’ble N.S. Dhanik, J.

Mr. Pawan Mishra, learned counsel

for the revisionist.

Mr. Ranjan Ghildiyal, learned A.G.A.

assisted by Mrs. Lata Negi, learned Brief

Holder for the State.

Heard on Stay Application (IA No.1 of

2022).

Learned counsel for the revisionist

would submit that the revisionist has

been discharged from the offences under

Section 395 and 398 IPC, vide order dated

25.11.2021, by the court below and there

is no whisper in the order that any case

under Section 392 IPC is made out

against the revisionist; that the court

below

observed,

in

its

order

dated

25.11.2021, that there are sufficient

evidence

against

the

revisionist

for

framing the charge of Sections 411 and

120(B) IPC, but at the time of framing the

charge, the charge of Section 392 IPC has

also been framed against the revisionist,

which amounts to recall of earlier order

dated 25.11.2021, which is barred in the

Criminal Law in view of Section 362 of

Cr.P.C.; that there was no material

evidence before the trial court for framing

the charge of Section 392 IPC against the

revisionist, even then the charge of

Section 392 IPC has been framed against

the revisionist.

At the request of learned State

Counsel, list this matter after Summer

Vacation to enable him to file reply to the

affidavit filed by the revisionist.

In the meantime, further proceedings

of the Sessions Trial No.10/2021, “State

Vs. Surya Prakash Soni”, before the 4^th

Additional Sessions Judge, Dehradun,

shall remain stayed, qua the revisionist.

Stay application (IA No.1 of 2022)

stands disposed of.

(N.S. Dhanik, J.)

19.04.2022

RV