VIVEK SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) An affidavit, filed by the applicant today, is taken on record.

(2.) In compliance with the order of this Court, passed on 6/8/2024, in Criminal Miscellaneous Application No. 196 of 2024, the discharge application of the applicant-accused Vivek Sharma was decided by the trial court on 8/8/2024. After deciding the said application, the applicant was directed to appear in-person to frame charges under Ss. 420, 466, 467, 468, 471 and Sec. 120B of the Indian Penal Code, 1860. The applicant filed an application on 9/8/2024 to dispense with his personal attendance on the ground of his illness. The said application has been dismissed vide impugned order dtd. 9/8/2024, passed by learned Judicial Magistrate/Senior Civil Judge, Champawat in Criminal Case No. 153 of 2023, 'State vs. Gopal Singh Rana and Others". Hence, the present Application has been filed under Sec. 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (in short, 'Sanhita').

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