Uttarakhand High Court
CRLR/229/2010 of RANJIT SINGH Vs STATE OF UTTARAKAHND on 30 December 2010
of 2010 with CRMA No. 1280 of 2010 Hon'ble Prafulla C. Pant,J. Shri A.K. Bansal, Advocate, present for the revisionist. Shri M.A. Khan, Brief Holder, present for the State. Heard. The revisionist had challenged the order dated 11.08.2010, passed by Judicial Magistrate, Kashipur, in Criminal Case
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CRLR No. 229 of 2010
with
CRMA No. 1280 of 2010
Hon'ble Prafulla C. Pant,J.
Shri A.K. Bansal, Advocate, present for the revisionist.
Shri M.A. Khan, Brief Holder, present for the State.
Heard.
The revisionist had challenged the order dated 11.08.2010, passed by Judicial Magistrate, Kashipur, in Criminal Case No. 654 of 2010, whereby said court directed the revisionist to appear on 14.09.2010, for framing of the charge. The objection of the accused/revisionist has been rejected by the trial court that there is no evidence to frame charge against the revisionist. Learned counsel for the revisionist contended that the use of the alleged forged document said to have been made before the Settlement Officer Consolidation, and the FIR has been lodged by Tehsildar. It is contended that the FIR is hit by section 195 (b)(i) of Cr.P.C.
Having heard learned counsel for the parties, and after going through the papers on record, this Court is of the view that the trial court has given sufficient reasons to hold that there is sufficient material to frame charge against the revisionist. It is also discussed that why objection raised by the accused (revisionist) has no force.
The revision is dismissed summarily, with the observation that it will be open for the revisionist to raise the plea based on the provision contained in section 195 of Cr.P.C., even at the time of final hearing.(Stay application no. 1280 of 2010, also stands dismissed).
(Prafulla C. Pant,J.)
30.12.2010