LAWS(UTN)-2011-1-94

MADHOOP TYAGI, ADOPTED S/O MANRUPA TYAGI & KADAM SINGH R/O VILLAGE MOLNA, P S JHABREDA TEHSIL ROORKEE, DISTRICT HARIDWAR Vs. STATE OF UTTARANCHAL

Decided On January 04, 2011
MADHOOP TYAGI, ADOPTED S/O MANRUPA TYAGI And KADAM SINGH R/O VILLAGE MOLNA, P S JHABREDA TEHSIL ROORKEE, DISTRICT HARIDWAR Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C.) the petitioner has sought quashing of the order dated 13.12.2010, passed by Additional Sessions Judge/IIIrd Fast Track Court, Haridwar, in criminal revision no. 228 of 2009, Smt. Meera Devi vs. State & another.

(3.) Learned counsel for the petitioner submitted that impugned order dated 13.12.2010, passed by the revisional court (Additional Sessions Judge/ IIIrd Fast Track Court, Haridwar) is erroneous in law, whereby the order passed by Sub Divisional Magistrate under section 145 Cr.P.C., is set aside. It is pleaded on behalf of the petitioner that in view of the civil suit pending between the parties, the proceedings under section 145 Cr.P.C., were not called for.