VIVEK SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The proposed Application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed challenging the order dtd. 12/7/2024, passed by learned Judicial Magistrate/ Civil Judge (Senior Division), Champawat in Criminal Case No.153 of 2023, by which the learned Magistrate has directed the present applicant - accused to appear in person for framing of charge/ further order.

(2.) Mr. Sanpreet Singh Ajmani, learned counsel for the applicant through video conferencing and Mr. V.K. Jemini, learned Deputy Advocate General assisted by Mr. Rakesh Negi, learned Brief Holder for the State.

(3.) Mr. Sanpreet Singh Ajmani, Advocate, contended that an Application filed by the present applicant under Sec. 227 of the Code of Criminal Procedure, 1973 (in short, 'Code'), which should be filed under Sec. 239 of the Code, is still pending before the Court of Judicial Magistrate. Therefore, the said Application should be decided before framing the charges.