SHIV SINGH NAYAL S/O JAGAT SINGH NAYAL Vs. STATE OF UTTARAKHAND AND ORS
LAWS(UTN)-2012-3-127
HIGH COURT OF UTTARAKHAND
Decided on March 14,2012

Shiv Singh Nayal S/O Jagat Singh Nayal Appellant
VERSUS
State of Uttarakhand and Ors Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has challenged the proceedings of criminal case no. 2023 of 2010, State vs. Shiv Singh Nayal, relating to offences punishable under section 420, 465, 467, 468, 471, 120B IPC, Police Station Haldwani, District Nainital, pending in the court of Additional Chief Judicial Magistrate, Haldwani.
(3.) Learned counsel for the petitioner submitted that in respect of the same matter and incident for which the impugned proceedings are pending before the Additional Chief Judicial Magistrate, Haldwani, the petitioner Shiv Singh Nayal has already been convicted under section 120B, 420, 467, 468, 471 IPC, and sentenced to rigorous imprisonment for a period of one year, and directed to pay fine of Rs 3,000/-. It is further pointed out that petitioner Shiv Singh Nayal has already served the sentence. It is argued that the impugned proceedings before the Additional Chief Judicial Magistrate, Haldwani, in respect of same offence are violative of Article 20(2) of Constitution of India and Section 482 of Code of Criminal Procedure, 1973.;


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