IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Criminal Revision No. 184 of 2012

Mehandi Hasan. …….Revisionist.

Versus

State of Uttarakhand

and another. ....…. Respondents.

Present

Mr. G.C. Lakhchaura, Advocate for the revisionist.

Mr. R.P.Nautiyal, Deputy Advocate General (Criminal) for the State.

Hon’ble Servesh Kumar Gupta, J.

1.

By means of this petition, a prayer has been

advanced to set aside order dated 16.06.2012

passed by Additional Sessions Judge / FTC – I,

Kashipur, Udham Singh Nagar whereby order

dated 07.03.2011 passed by Civil Judge (SD) /

Judicial Magistrate, Kashipur was affirmed.

2.

At the outset, it is pertinent to mention here that

when application under Section 340 Cr.P.C. was

rejected by the Magistrate and appeal whereof

preferred under Section 341 Cr.P.C. was also

dismissed, then no revision lies in the Court but

in view of law laid down by Hon’ble Apex Court

in the case of Lalit Mohan Vs. Binoyendra Nath

reported in 1982 Cr. LJ 625, the High Court is at

liberty to examine the matter under Section 482

Cr.P.C. of th