OSHIN SARKAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this C528 application, applicant has put to challenge the FIR No.73 of 2018, dtd. 3/5/2018, registered with P.S. Basant Vihar, District Dehradun, Under Sec. 394 IPC as well as the supplementary charge-sheet submitted by the investigating officer under Sec. 173 Cr.P.C. dtd. 2/10/2018 against the applicant under Ss. 147, 341, 323, 504 & 506 IPC as well as the entire proceedings of the Criminal Case No.5423 of 2018, State vs. Rishipal @ Ritu, pending in the court of learned Judicial Magistrate-1st, Dehradun, District Dehradun.

(3.) It is contended by learned counsel for the applicant that applicant was summoned by learned trial court on 24/10/2018 after taking cognizance against him along with other co-accused persons. He further contends that since the applicant is not named in the FIR, therefore, the charge-sheet was submitted after investigation only against Rishipal @ Rohit, Nisha @ Sachin & Ruby, but subsequently, the supplementary charge-sheet was filed against the applicant-Oshin Sarkar along with three other co-accused, namely, Bunny, Karishma and one juvenile-Himanshu Chettri. He also contends that the applicant was implicated only to hamper his progress in his life.