ANUJ KUMAR SHARMA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-2-7
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on February 13,2012

Anuj Kumar Sharma Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Urgency application no. 819 of 2012 is allowed.
(2.) Heard.
(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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