AMIT SHARMA Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seek to quash the order dated 05.01.2013 passed by 3rd Additional Sessions Judge, Haridwar as well as the order dated 13.02.2013 passed in Criminal Complaint Case No. 904 of 2011, Deepika vs. Amit and others, pending before the Additional Chief Judicial Magistrate, Haridwar.

(2.) Learned counsel for the petitioner submits that learned Revisional Court may pass order, as per mandate of Section 398 Cr.P.C. while allowing the revision against dismissal of complaint. He further contends that in the present case, learned Revisional Court did not direct the Magistrate to hold fresh inquiry, rather directed the Magistrate to pass an order, in view of the observations made by the Revisional Court, which on the face of it, is beyond the scope of Section 398 Cr.P.C.

(3.) At the time of admission, this Court passed an interim order, vide order dated 17.07.2013 and stayed the complaint case initiated against the applicant pending before the A.C.J.M., Haridwar, District Haridwar.