ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought a direction from this Court to the trial court, Champawat to re-examine P.W. 6-Dr. Surendra Singh Bisht and P.W. 12 ? Sri Kiran Lal Sah, Investigating Officer, under Section 311 Cr.P.C. in Sessions Trial No. 19 of 2006, State Vs. Prasant Kumar and others. It is further prayed that this Hon'ble Court be pleased to stay the further proceedings in S.T. No. 19 of 2006, State Vs. Prasant Kumar and others pending in the Court of learned Sessions Judge, Champawat till the date of re-examination of P.W. 6 and P.W. 12.

(3.) Learned Counsel appearing for the State, raised a preliminary objection on the ground that earlier an application moved on behalf of the petitioner under Section 482 Cr.P.C. for similar relief was dismissed on 24.06.2010 therefore, this second petition is not maintainable.