JUDGEMENT
Meenakshi Madan Rai, J. -
(1.) By filing these Petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.), the Petitioner seeks quashing of the Charge-Sheet, the cognizance Order dated 5.6.2013 and subsequent proceedings of the then learned Chief Judicial Magistrate (South and West) at Namchi, in General Register Case No. 119/2013, arising out of FIR No. 51/2012, dated 1.9.2012, under Sections 420/467/471/201/120B of the Indian Penal Code, 1860 (hereinafter "IPC"), against the Petitioner herein. (Presently pending before the learned Judicial Magistrate (East) at Gangtok, Sikkim, as General Registrar Case No. 21 of 2013, renumbered as 819 of 2013).
(2.) Crl. M. C No. 20 of 2014 and Crl. M.C. No. 21 of 2014 are being disposed of by this common Order, as they both pertain to the same FIR.
(3.) It is indeed pertinent to advert briefly to the background of the filing of the instant Petitions. The Petitioner along with two others, were before this Court in Crl. M. C. No. 17/2013, Crl. M. C. No. 18/2013, Crl. M.C. No. 22/2013, Crl. M.C. No.23/2013 and Crl. M.C. No. 24 of 2013, praying for quashing of the First Information Report (for short "FIR") and the entire Charge-Sheet filed against them, under Sections 406/420/467/120B/34 of the IPC, as detailed hereinabove. This Court, on due consideration of the matter was of the view that, prima facie, there were sufficient materials to continue the proceedings against the accused persons and dismissed the Petitions vide a common Order dated 15.10.2014. Against the Order of this Court, the Petitioner approached the Hon"ble Supreme Court in Special Leave to Appeal (Criminal) Nos. 8923-8924/2014, Vinay Rai vs. State of Sikkim, 2015 1 Scale 140, seeking permission to bring additional facts and file additional documents. The Supreme Court on 1.12.2014, ordered as follows;
" ........ . Mr. Kapil Sibal, learned senior counsel for the petitioner seeks leave to withdraw the special leave petition pointing out that certain documents have not been produced before the High Court and hence to rely upon those documents.
He also prays for liberty to pursue appropriate remedy by placing such facts before the High Court in the matter.
This special leave petition is not pressed and we have not expressed any opinion on the merits of the case. All points raised are kept open before the High Court and the High Court will decide the same in accordance with law. Liberty is granted to apply before the High Court.
Special Leave Petition is dismissed as withdrawn. ."
Hence, the instant Petitions filed with additional documents being Annexures P-6, P-7, P-8 and P-9 and points urged in relation to the documents and the aforestated prayer.;
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