Uttarakhand High Court

CRLR/224/2010 of GURMUKH SINGH Vs STATE OF UTTARAKHAND on 30 December 2010

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of 2010 with CRMA No. 1267 of 2010 Hon'ble Prafulla C. Pant,J. Shri G.C. Lakhchaura, Advocate, present for the revisionist. Shri M.A. Khan, Brief Holder, present for the State. Heard. This revision is directed against the framing of the charge against the revisionist Gurmukh Singh by Additional

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CRLR No. 224 of 2010

with

CRMA No. 1267 of 2010

Hon'ble Prafulla C. Pant,J.

Shri G.C. Lakhchaura, Advocate, present for the revisionist.

Shri M.A. Khan, Brief Holder, present for the State.

Heard.

This revision is directed against the framing of the charge against the revisionist Gurmukh Singh by Additional Sessions Judge, Kashipur, in sessions trial no. 260 of 2010.

Learned counsel for the revisionist drew attention of this Court to the FIR, and pleaded that neither it is mentioned in the FIR that with intention to commit murder, the accused (revisionist) assaulted the complainant. It is further pleaded that no time, and weapon is mentioned in the FIR.

However, learned counsel for the State pointed out that the injury report indicates grievous injury on the person of the informant. It is further pointed out on behalf of the State that in the statement under section 161 Cr.P.C., the witnesses have stated that the accused caused injury with intention to commit murder of Karanveer Singh.

Having considered submissions of learned counsel for the parties, and after going through the papers on record, this Court does not find any illegality in the decision taken by the trial court to frame charge against the revisionist Gurmukh Singh.

Therefore, revision is dismissed summarily. (Stay application no. 1267 of 2010, also stands dismissed).

(Prafulla C. Pant,J.)

30.12.2010

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