ANUJ KUMAR SHARMA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Anuj Kumar Sharma
STATE OF UTTARAKHAND
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(1.) Urgency application no. 819 of 2012 is
(3.) By means of this petition moved under
section 482 of Code of Criminal Procedure, 1973 (for
short Cr.P.C.), the petitioner has sought quashing of
the order dated 18.06.2008, 08.07.2011, 3.01.2012
passed by Addl. Chief Judicial Magistrate I,
Dehradun, in criminal complaint case no. 2904 of
2011 Surender Tiwari vs. Anuj Kumar Saxena under
section 138 of Negotiable Instruments Act, 1881.
Admittedly earlier criminal miscellaneous
application no. 684 of 2010, Anuj Kumar Saxena vs.
Surender Tiwari was filed in the same matter under
section 482 Cr.P.C., and this Court did not pass any
stay order. This fresh petition against early petition
under section 482 Cr.P.C., is filed by impleading
State of Uttarakhand as additional party.
Admittedly, the criminal complaint case in question
is between private parties. The grievance of the
petitioner is that non bailable warrants have been
issued by the trial court. The factual pleas of defense
are raised before this Court which cannot be
examined by this Court in its jurisdiction under
section 482 Cr.P.C..;
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