DARSHAN RANI KAPUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr. P.C), the petitioner has challenged the condition imposed by the Sessions Judge, Dehradun, in Criminal Appeal No. 23 of 2010, Darshana Rani Kapoor v. State, for staying the recovery of compensation directed to be paid by the trial Court (Additional Chief Judicial Magistrate, II, Dehradun) vide its judgment and order dated 3.4.2010, in Criminal Case No. 113 of 2010.

(2.) HEARD learned Counsel for the parties.

(3.) HAVING considered the submissions of the learned Counsel for the petitioner and after going through papers on record the condition imposed by the Appellate Court is modified to the extent that on petitioners' depositing l/3rd of compensa tion (Rs. 50,000/-) before the trial Court within a period of fifteen days from today, the recovery in respect of remaining amount of compensation (Rs. 1, 00,000/-) shall remain stayed. It is further observed that the amount so deposited shall not be withdrawn by the complainant till the disposal of the appeal or interim order passed by the appellate Court, whichever is earlier. The petition under Section 482 of Cr. P.C. stands disposed of. Petition disposed of.