Uttarakhand High Court
Hon'Ble Ravindra Maithani vs Dehradun on 23 February, 2022
Author: Ravindra Maithani
Bench: Ravindra Maithani
C-482 No. 1725 of 2021 Hon'ble Ravindra Maithani, J.
Ms. Soniya Chawla, Advocate for the petitioner.
Mr. Lalit Miglani, A.G.A. for the State.
Challenge in this petition is proceeding of Criminal Case No. 1751 of 2021, State Vs. Ravindra Rawat, pending in the court of Additional Chief Judicial Magistrate 5th, Dehradun. In fact, the case is based on an FIR No. 166 of 2020, Police Station Nehru Colony, Dehradun.
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner would submit that the petitioner is working in Indo Tibetan Border Police Force. Based on the same set of allegations, as levelled in the FIR No. 166 of 2020, the petitioner has already been convicted under section 56 of the ITBP Act, 1992 ('the Act'). It is argued that section 87 of the Act bars second trial Having heard the submission, this court is of the view that this matter definitely requires deliberation.
Issue notice to the respondent no. 4, returnable in four weeks.
List thereafter.
Till then, the proceedings of the learned court below shall remain in abeyance.
(Ravindra Maithani J.) 23.02.2022 Ujjwal