KISHOR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application under Sec. 482 Cr PC is filed, challenging order dtd. 21/2/2015, passed by learned Ist Additional Sessions Judge, Udham Singh Nagar, in Criminal Appeal No. 30 of 2013. By said judgment, application under Sec. 391 CrPC, filed by complainant was allowed.

(2.) It transpires that respondent No. 2 lodged an FIR against applicants in Police Station, SIDCUL, Pant Nagar on 30/7/2006 and upon investigation, chargesheet was filed against applicants under Ss. 323, 325, 504, 506 IPC. Learned trial court convicted the applicants for offence punishable under Sect ion 323 I PC and sentenced them to six months' imprisonment with fine of Rs.500.00 each and, acquitted them of the charge of offences punishable under Ss. 325, 504, 506 IPC vide judgment and order dtd. 23/1/2013.

(3.) Dissatisfied with the punishment given to the accused persons, respondent No. 2 filed appeal against trial court's judgment, which is registered as Criminal Appeal No. 30 of 2013 and is pending. In the said appeal, respondent No. 2 moved an application under Sec. 391 Cr PC, for adducing additional evidence which was allowed vide order dtd. 21/2/2015. Applicants are aggrieved by said order.