JUBNESH Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code) is directed against the order dated 16.05.2015, passed in Sessions Trial No. 280A of 2013 State Vs. Jugnesh, by the learned 1st Additional District and Sessions Judge, Roorkee, District Haridwar. By the impugned order, the petitioner has been summoned to answer the accusations under Section 363, 342, 376 (2) (i) I.P.C. This order has been passed under Section 319 of the Code.

(2.) Heard learned counsel for the petitioners and learned counsel for the State and perused the record.

(3.) The facts necessary to resolve this petition are short and they are that in a charge sheet submitted in Case Crime No. 100 of 2013, under Section 363, 342 and 376 I.P.C., the trial proceeded against one Deepak @ Deepu and proceedings of Sessions Trial No. 280 of 2013, State Vs. Deepak @ Deepu were instituted in the court of learned 1st Additional District and Sessions Judge, Roorkee, District Haridwar (hereinafter referred to as "the Sessions Trial"). In the sessions trial, an application under Section 319 of the Code was filed, which was rejected vide order dated 27.03.2014. This order dated 27.03.2014 was challenged before this Court in Criminal Revision No. 83 of 2014, Smt. Maya Vs. State of Uttarakhand and another (for short "Criminal Revision"). Now, here onwards things take different turn.