DIWAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this petition under Section 482 Cr.P.C. the petitioner, who is the complainant in Case Crime No. 78/20/2003 under Sections 147, 504, 506 I.P.C. and Section 3(1)(x) of SC/ST Act, has prayed for quashing the order dated 20.4.2005 passed by Sessions Judge, Dehradun, in Criminal Revision No. 25 of 2005 Viresh Singh v. State of Uttaranchal.

(2.) Brief facts of the case are that applicant/revisionist lodged a First Information Report against respondent no. 2 and after investigation the police submitted the final report in the case, thereafter the petitioner filed the protest petition and learned Chief Judicial Magistrate after considering all the materials available before it took the cognizance in the matter vide order dated 28.12.2004. Feeling aggrieved by the aforesaid order thereby taking the cognizance, respondent no. 2, who was an accused in the case, preferred the revision before the learned Sessions Judge, who after hearing the revisionist (who was an accused in the case) and learned counsel for the State, allowed the revision and set aside the order dated 28.12.2004 by which the cognizance was taken, vide judgment and order dated 20.4.2005. Feeling aggrieved by the aforesaid order passed by the revisional court, the complainant/applicant has preferred the present petition under Section 482 Cr.P.C. before this Court.

(3.) Heard Mr. Deepak Sharma, Advocate holding brief of Mr. Ramji Srivastava, learned counsel for the applicant/petitioner, Mr. S.S. Adhikari, learned A.G.A. for respondent no. 1 and perused the record. None has appeared on behalf of respondent no. 2.