B.S. KAINTURA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this criminal miscellaneous application, the order of cognizance dated 20.1.2006, passed by the Chief Judicial Magistrate, Dehradun upon the chargesheet in Criminal Case No. 231/2006, State v. Sunil Singh and Ors. under Section 420, 467, 468, 471, 406, 120B & 201 IPC has been sought to be quashed. It has also been prayed that the chargesheet so submitted after investigation be also quashed. The order of cognizance at the time of filing the petition was stayed by this Court. But subsequently on 13.7.2010, the petition was dismissed for want of prosecution and the interim order of stay dated 6.5.2006 was vacated. Applicant filed an application for restoration and since there was delay in filing the same, he also filed delay condonation application along with the restoration application, whereupon it was ordered that the restoration application as well as the main petition will be heard together.

(2.) IN the interest of justice, delay in filing the restoration application is condoned. Delay condonation application is allowed.

(3.) IT is pertinent to mention that the order of cognizance as well as submission of chargesheet was challenged by the applicant by filing this criminal miscellaneous application No. 288/2006, and the same was also challenged by the co -accused Sunil Singh in writ petition No. 289/2006, which was dismissed on merit by this Court on 20.7.2010.