REKHA AGRAWAL Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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Prafulla C. Pant, J. -
(1.) HEARD . By means of this petition moved under Section 482 Cr.P.C., the petitioner has challenged order dated 18.02.2008, passed by Chief Judicial Magistrate, Dehradun, in Criminal Case No. 1733 of 2007, directing the charge be framed against the petitioner Rekha Agrawal. The petitioner has further challenged order dated 10.08.2011, passed by the revisional court (Additional Sessions Judge/4th Fast Track Court, Dehradun), in Revision No. 57 of 2008, whereby the revision is dismissed.
(2.) LEARNED counsel for the petitioner submitted that revisional court has wrongly observed that revision against framing of the charge is not maintainable. In this connection, attention of this Court is drawn to the case of Jayesh Rameshbhai Shah Vs. State, (2002) GCD 464, in which Gujrat High Court has entertained the revision against the order of framing of charge. Assuming for a moment that the revision is maintainable from the impugned order dated 10.08.2011, passed by the revisional court, in the present case, there appears no error in the order passed by the trial court directing to frame the charge.
(3.) I have gone through the order dated 18.02.2008, passed by the trial court (Chief Judicial Magistrate, Dehradun) in Criminal Case No. 1733 of 2007, whereby the charge of offences punishable under Section 420, 467, 468, 471 of I.P.C., are directed to be framed against the present petitioner. Said order is passed by the trial court after hearing the parties, and the evidence and material on the record is discussed to arrive to the conclusion that there was sufficient evidence to frame the charge.;
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