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2018 Supreme(HP) 2144

SANDEEP SHARMA
Jitender Kumar – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Dalip K Sharma, Adv., Sharma, Adv., Dinesh Thakur, Adv., Sanjeev Sood, Adv., Amit Dhumal, Adv., Hemant Kumar Thakur, Adv.

JUDGMENT

Sandeep Sharma, J. - Being aggrieved and dis-satisfied with order(s) dated 24.9.2016, passed by the learned Special Judge (Forest), Shimla, in Case No. 36-S/7 of 2012, 37-S/7 of 2012 and 38-S/7 of 2012, titled "State of H.P. v. Jitender Kumar and Ors.", whereby application(s) filed under Section 311 of Cr.PC., having been filed by the respondent-State, came to be allowed, petitioner(s)- accused (hereinafter referred to as "the accused") has/have approached this Court in the instant proceedings filed under Section 397 Cr.PC, to set-aside the impugned order.

2. Facts, shorn of unnecessary details are that FIR against the accused was lodged on 8.12.2008, under Sections 409, 120B and 201 of IPC and 13 (1) (C), punishable under Section 13(2) of PC Act 1988, at PS SV&ACB Shimla, whereby three challans were put in before the learned District and Sessions Judge, Shimla, in the year, 2012, as case No. 36-S/7 of 2012, 37-S/7 of 2012 and 38-S/7 of 2012 and all the three cases/challans are being tried together. During the pendency of the aforesaid trial, prosecution filed application(s) under Section 311 Cr.PC., praying therein for summoning of witnesses whose names could not be mentio

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