Kumar Gupta vs Unknown on 21 April, 2025

Uttarakhand High Court

Kumar Gupta vs Unknown on 21 April, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

p




                 Office Notes, reports,
                orders or proceedings or
SL. No   Date        directions and                                          COURT'S OR JUDGES'S ORDERS
                 Registrar's order with
                       Signatures



                                           C482 No.1377 of 2023
                                           Hon'ble Pankaj Purohit, J.

Mr. Shakib Husain, Advocate for the applicant.

2. Mr. B.C. Joshi, A.G.A. with Ms. Rangoli Purohit, B.H. for the
State.

3. Applicant is a complainant, who has moved an application in
Criminal Case No.428 of 2019 (Case Crime No.525 of 2017), Arvind
Kumar Gupta Vs. Sandeep and others, under Sections 452, 323, 504 and
506 of IPC at Police Station Laksar, District Haridwar.

4. During trial, the applicant moved an application dated 24.05.2023
under Section 319 of Cr.P.C., to summon co-accused Gazendra Singh to
face trial, in view of the statement made by prosecution witness. The said
application moved by the applicant was rejected by Additional Chief
Judicial Magistrate, Laksar, Haridwar on 12.05.2023.

5. Applicant feeling aggrieved by rejection of his application moved a
Criminal Revision Petition No.18 of 2023, Arvind Kumar Gupta Vs.
Sandeep and another before the learned Additional Sessions Judge,
Laksar, Haridwar. The said revision met with the same fate and was
dismissed by the learned Judge on 28.06.2023.

6. The learned revisional court rejected the revision with the
reasoning given in para nos.7 and 8 of the order holding that under
Section 319 of Cr.P.C. no direction for further hearing can be given.

7. This Court does not find any illegality in the reasoning given by
the revisional court while dismissing the revision petition, therefore no
interference is warranted.

8. Accordingly C482 application is dismissed.

(Pankaj Purohit, J.)
21.04.2025
SK