Uttarakhand High Court
C482/785/2022 on 9 June, 2022
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
09.06.2022 C482 No. 785 of 2022
Hon'ble Alok Kumar Verma, J.
The present application of the victim - applicant has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned order dated 13.05.2022, passed by the FTSC/Additional Sessions Judge, Roorkee, District Haridwar in Special Sessions Trial No.10 of 2018, "State vs. Gulzar alias Gullu", under Sections 363, 366, 376 (2) of IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 whereby, the application of the prosecution, filed under Section 311 of the Code of Criminal Procedure, 1973, has been dismissed.
Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. S.S. Adhikari, learned Deputy Advocate General for the State.
The learned counsel for the applicant submitted that the mark-sheet of the victim, issued by the Cantt Board Senior Secondary School, Roorkee, is on record. The Principal of the said School is a material witness for the just decision of the case. The prosecution moved the said application under Section 311 of the Code to summon the Principal of the said School. The said application has been dismissed.
Issue notice to the respondent no.2. Steps to be taken within forty eight hours.
List this case on 30.06.2022. Till then, the further proceedings of Special Sessions Trial No.10 of 2018, "State vs. Gulzar alias Gullu", pending before FTSC/ Additional Sessions Judge, Roorkee, District Haridwar, is stayed.
(Alok Kumar Verma, J.) 09.06.2022 Pant/