Uttarakhand High Court
First Additional Sessions Judge vs State Of Gujrat And Another on 6 August, 2013
Author: Alok Singh
Bench: Alok Singh
CRLR No. 209 of 2013
With
CRMA No. 1130 of 2013
Hon'ble Alok Singh, J
Mr. G.S. Negi and Mr. A.M. Saklani,
Advocates for the revisionists.
Mr. K.S. Rautela, AGA for the
State/respondent no.1.
Mr. G.S. Negi, learned counsel, appearing for the revisionists, submits that revisionists are father-in-law, mother-in-law and brother-in-law of Smt. Phoolmala; tendency of people to rope in all the family members and relatives of the husband cannot be ruled out completely. Learned trial court, while exercising the jurisdiction under Section 319 of Code of Criminal Procedure, has directed summoning of the additional accused merely, on the basis of suspicion or floating statements.
Issue notice to respondent no.2 by registered post A.D. in addition to normal mode of service on steps being taken by the revisionists within a week.
In the peculiar facts and circumstances of the case, I direct that operation and effect of impugned order dated 27.07.2013, passed by First Additional Sessions Judge, Udham Singh Nagar shall remain stay, however, in view of the judgment of the Hon'ble Apex Court in the case of Babubhai Bhimbhai Bokhiria and another vs. State of Gujrat and another, reported in 2013, Crl.L.J., 1547, it is clarified that stay of the operation and effect of the impugned order shall not be construed to mean stay of the trial and learned trial court shall proceed with the trial against the original accused, in accordance with law.
(Alok Singh, J.) 06.08.2013 Sanjay