PRADEEP GARG Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 of Cr.P.C., seek to set aside the order dated 07.02.2015, passed by V Addl. Sessions Judge, Dehradun, in criminal revision no. 325 of 2013, captioned as Alok Ballabh vs State of Uttarakhand and others.

(2.) ON the motion of Station Officer of police station, Raipur, District Dehradun, proceedings under Section 133 Cr.P.C. were initiated in respect of a public pathway. Sub Divisional Magistrate, Sadar, Dehradun issued notice under Section 133 Cr.P.C. on 20.09.2012. The notice was stated to be served upon respondent no. 2. Said respondent did not appear before the Sub Divisional Magistrate, Sadar. Ex parte proceedings were passed against respondent no. 2 by Sub Divisional Magistrate, Sadar, vide order dated 07.02.2013. Aggrieved against the same, respondent no. 2 preferred a criminal revision, in which the delay in filing the criminal revision was condoned, vide order dated 07.02.2015. Complainant, therefore, assailed the same by means of present petition under Section 482 Cr.P.C.

(3.) THIS Court has heard learned counsel for the parties and perused the documents brought on record, including the impugned order, whereby delay in filing the criminal revision is condoned.