MAJINDER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present C-482 application has been filed by the applicant for quashing the impugned order dtd. 7/8/2023 passed by the 5th Additional Sessions Judge, Dehradun in Criminal Revision No. 74 of 2023 'Captain Ravinder Gill v. State of Uttarakhand and Ors', whereby an order dtd. 3/3/2023 passed by the 1st Judicial Magistrate, Dehradun under Sec. 156(3) of Criminal Procedure Code, 1973 was set-aside.

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

(3.) Counsel for the petitioner would submit that an application under Sec. 156(3) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for brevity) was filed against the present petitioner and his daughter Avneet Kaur for directing the police to investigate the offence as alleged in that application; that, the son of the Respondent no. 2 is married to the daughter of the petitioner namely Avneet Kaur; that, the trial court disallowed this application vide order dtd. 3/3/2023 with the observations that no cognizable offence having been committed by the petitioner and his daughter is made out; that, in revision preferred by the respondent no. 2, the revisional court allowed the revision and directed the trial court to reconsider the application after hearing the parties in the light of the observations made in the impugned order in revision.