SMT. SHAKUNTALA DEVI Vs. STATE AND ANR.

JUDGEMENT

(1.) THIS criminal revision, preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 7.1.2010 passed by Sessions Judge, Haridwar in Criminal Revision No. 279 of 2009, Smt. Sharmila v. State of Uttarakhand.

(2.) HEARD learned Counsel for the parties and perused the material available on file.

(3.) LEARNED Counsel for the revisionist solely argued that as per judgment of Hon'ble Apex Court in the case of "Adalat Prasad v. Rooplal Jindal and Ors. reported in : (2004) 7 S.C.C. 338", against the summoning order, only a petition under Section 482 Cr.P.C. is maintainable. As such, the judgment and order dated 7.1.2010 passed by Sessions Judge, Haridwar, against the summoning order, is without jurisdiction. Mr. Amit Bhatt, learned Addl. GA for the State and Mr. Raman Kumar Sah, learned Counsel for respondent No. 2 has also conceded to this point.