SUBHASH CHANDRA GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A very peculiar situation, which has arisen for consideration before this Court in the present criminal revision, it is where this Court is carving out an exception for exercising its powers, as granted to it under Section 401 of Cr.P.C. to scrutinize the propriety of an order dated 3rd September 2013, which otherwise for the reason which is to be assigned in the present judgement is not put to challenge by the revisionist in the present revision, which otherwise implicitly it amounts to a challenge being given to the order of framing of a charge, because the challenge given in the present revision is to the order dated 2nd September 2013, by virtue of which the application for discharge under Section 227 Cr.P.C., as preferred by the revisionist was rejected on the pretext that the charge has already been framed by the Court of Special Judge/SC/ST Act Dehradun in S.S.T No. 4 of 2013, State v. Satish Chandra Gupta. Consequently, in pursuance to the impugned order under challenge in the revision dated 2nd September 2013, the Court has proceeded to fix the matter for leading of evidence by the parties on 17th October 2013. The Court passed the following order on 02.09.2013:- ...[VARNACULAR TEXT UMITTED]...

(2.) What is being argued by the learned counsel for the revisionist is that after the order dated 2nd September 2013, once the Court records the finding that the charge has already been framed by the Court and fixes a date of 7th October 2013 for leading of evidence, it means that there happens to be no intervening proceedings which was to be held between the intervening period from 2nd September 2013 to 17th October 2013, and hence there could not have been any order of the nature dated 3rd September 2013, and of framing of charge, because the findings with regards to the framing of charge has already been recorded in the impugned order dated 2nd September 2013.

(3.) In these peculiar circumstances, this Courts since had been brought and made aware of the order dated 3rd September 2013, (annexed as Annexure No. 11 to the revision), this Court while exercising its power under Section 401 of Cr.P.C. is also scrutinizing the veracity of the order dated 3rd September 2013 of framing of charge.