Vivek Sharma vs State Of Uttarakhand

Alok Kumar Verma, J

The proposed Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed challenging the order dated 12.07.2024, passed by learned Judicial Magistrate/ Civil Judge (Senior Division), Champawat in Criminal Case No.153 of 2023, by which the learned Magistrate has directed the present applicant – accused to appear in person for framing of charge/ further order.

Mr. Sanpreet Singh Ajmani, learned counsel for the applicant through video conferencing and Mr. V.K. Jemini, learned Deputy Advocate General assisted by Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Sanpreet Singh Ajmani, Advocate, contended that an Application filed by the present applicant under Section 227 of the Code of Criminal Procedure, 1973 (in short, “Code”), which should be filed under Section 239 of the Code, is still pending before the Court of Judicial Magistrate. Therefore, the said Application should be decided before framing the charges.

Admit.

Mr. Sanpreet Singh Ajmani, Advocate, has requested to direct the Magistrate to decide the said Application, filed by the applicant, before framing charges.

The said submission has not been opposed by the State.

With the consent of both the parties, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is disposed of directing the Judicial Magistrate/ Civil Judge (Senior Division), Champawat to take a decision on the Application, filed by the present applicant to discharge him, before passing any order framing charges.

Let a certified copy of this order be provided to the learned counsel for the applicant within twenty four hours, as per Rules.