Sikkim High Court

CRL.L.P/7/2017 of Chandrawati Devi and Another Vs Sharda Gupta and Others on 18 May 2018

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HIGH COURT OF SIKKIM Record of Proceedings Crl. L.P No.07/2017 CHANDRAWATI DEVI & ANR. …Appellants. VERSUS SHARDA GUPTA & ORS. … Respondents. Date: 18/05/2018 CORAM : HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J. For Appellants : Mr. Jorgay Namka, Advocate. For

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HIGH COURT OF SIKKIM

Record of Proceedings

Crl. L.P No.07/2017

…Appellants.

CHANDRAWATI DEVI & ANR.

VERSUS

… Respondents.

SHARDA GUPTA & ORS.

Date: 18/05/2018

CORAM :

HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.

For Appellants

: Mr. Jorgay Namka, Advocate.

For Respondent No.1 & 2 For Respondent No.3.

: Ms. Gita Bista, Legal Aid Counsel.

: Mr. Karma Thinlay, Additional Public Prosecutor with Mr. S.K Chettri and Ms. Pollin Rai, Assistant Public Prosecutors. ……… Prosecutor with Mr. S.K Chettri and Ms. Pollin Rai, Assistant Public Prosecutors. ………

I.A No.02/2018

In view of the Order dated 19.04.2018 passed by this Court, on the submission of the learned Counsel appearing for the Appellants and the admission of the learned Counsel for the Respondents that the documents filed therewith are all part of the Trial Court records the application is allowed and the documents taken on record.

I.A No.02/2018 stands disposed of.

Crl. L.P No.07/2017

By this Application for Leave the Appellant seeks to challenge the Judgment dated 03.04.2017 of the learned Judicial Magistrate, first Class, Chungthang Sub Division, stationed at Gangtok by which P.C case No.08 of 2013 filed by the Appellants herein against the Respondents charges under Section 417/34 and 506/34 of the Indian Penal Code, 1860 had been leveled has been rejected and Record of Proceedings held that the Appellants had not been able to establish the ingredients of the offences alleged.

Mr. Jorgay Namka, learned Counsel for the Appellant submits that vital evidence placed before the learned Trial Judge has not been examined which has prejudiced the Appellants gravely. A perusal of the Judgment reflects that although the Complainant had exhibited a Compact Disc purportedly containing conversations between the Appellant No.2 and the Respondent No.2, the same does not find any mention in the Judgment.

Leave granted.

Crl. L.P No.07/2017 is allowed.

Admit.

Call for the Lower Court Records.

Registry to prepare paper book thereafter.

List on 20.07.2018.

Judge

18-05-2018

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