HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application No. 1462 of 2022

Om Prakash Singh @ Pappu Sapata …........ Applicant

Vs.

State of Uttarakhand and another …..... Respondents

Present : Mr. D.S. Mehta, Advocate for the applicant.

Mr. T.C. Aggarwal, Deputy Advocate General with Ms. Lata Negi, Brief

Holder for the State.

JUDGMENT

Hon’ble Sharad Kumar Sharma, J.

In a pending Sessions Trial No. 56 of 2017,

State vs. Om Prakash, the present applicant to the 482

Application, was being tried for his alleged involvement in

the commission of under Section 307 of the IPC which

was registered against him at Police Station Haldwani,

District Nainital.

2.

The grievance as raised by the present

applicant; in the present C-482 Application is as against

the impugned order of 04.07.2022, as it was passed by

the Court of 2^nd Additional Sessions Judge, Haldwani,

District Nainital, by virtue of which, the applicant’s

application under Section 311 Cr.P.C. has been rejected.

3.

If the provisions of Section 311 itself it’s taken

into consideration, the power which has been vested with

2