D.K. MODI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the impugned order dtd. 15/1/2010, passed in Criminal Misc. Case No. 13 of 2010, Dr. D.K. Modi and another Vs. S.K. Bajpai and another, by the court of Chief Judicial Magistrate, Nainital. By the impugned order, an application filed under Sec. 156 (3) of the Code of Criminal Procedure, 1973 (for short, 'the Code') by the revisionists has been rejected on the ground that the dispute is civil in nature.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Respondent no.4 was issued notice but a report is received on 24/9/2020 to the effect that he has died on 26/9/2016. the Court proceeds to decide the revision. In the memo of parties against the name of the respondent no.4, it shall be recorded that 'died on 29/6/2016'.