High CourtsSingle Bench

Nathi Singh vs State of Uttaranchal and Others

Uttarakhand High Court · Decided on 9 August 2011 · Citation: (2011) 08 UK CK 0072

HON’BLE JUDGES
Servesh Kumar Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 319 · Penal Code, 1860 (IPC) — Section 323, 504
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 48 of 2002

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Judgment

4 paragraphs · 200 words

Servesh Kumar Gupta, J.—After going though short hearing and perusal of the record, it transpires that in criminal case No. 316 of 1998 pending in the court of Judicial Magistrate, Purola (Uttarkashi), opposite party Nos. 2 to 12 were summoned after taking cognizance u/s 319 Code of Criminal Procedure for the offence u/s 323, 504 Indian Penal Code, 1860 on 11.01.2002. The said order was challenged in the court of Sessions Judge, Uttarkashi, who allowed the revision of opposite party and quashed the order of cognizance vide his judgment and order dated 13.05.2002.

2.

It is this judgment and order of the learned Sessions Judge, Uttarkashi which has been challenged through this revision. The judgment and order of the learned Sessions Judge, Uttarkashi was never stayed in this revision with the result, the prospective accused were never summoned in the trial court. The trial proceeding is pending since 1998. In these past 13 years, in all probabilities, the trial should have been concluded, especially in the outlying court, at Purola where the pendency is very meager.

3.

In view of the above, revision has lost the relevance. It is dismissed.

4.

Let the lower court record be sent back forthwith.