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Judgment
7 paragraphs · 162 wordsAnoop Chitkara, J
State counsel on instructions submits that during the pendency of present petition the charges have been framed and the said order has not been challenged.
Counsel for the complainant has vehemently opposed the present petition.
Once a judicial order has been passed for framing the charges, it has to be separately challenged which was not done. However, since the matter was pending before this Court, as such, the limitation to challenge the same will start from tomorrow and it shall be permissible for the petitioner either to challenge the same before the Sessions Court under Section 397 read with Section 401 Cr.P.C or before this Court under Section 482 Cr.P.C.
Given above, the present petition stands disposed of.
It is clarified that filing and disposal of present petition shall not come in the way in case the petitioner challenges the charges either before the Sessions Court or before this Court.
All pending miscellaneous applications, if any, stand disposed of.