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2025 DAILYLAW 4019 (UTT)

RAJPAL SINGH v. STATE OF UTTARAKHAND

WPCRL/475/2021 · 2025-02-27

Pankaj Purohit

body2025

Judgment text

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2025:UHC:1362 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.475 of 2021 Hon’ble Pankaj Purohit, J. Mr. Vinod Nautiyal, learned counsel for petitioner, appeared through video conferencing. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vipul Painuli, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 to 3. 3. Mr. V.K. Kaparuwan, learned counsel for respondent No.3. 4. By means of the present writ petition filed under Article 226 of the Constitution of India, petitioner has put to challenge the order dated 21.09.2020 passed by learned Chief Judicial Magistrate, Rudraprayag, whereby, the application moved by the petitioner under Section 156(3) of Cr.P.C. was rejected, as well as the judgment and order dated 12.01.2021 passed by the learned District and Sessions Judge, Rudraprayag in Criminal Revision No.8 of 2020, whereby, the revision petition moved by the petitioner was rejected and the order passed by the learned CJM rejecting the application of the petitioner under Section 156(3) Cr.P.C., was affirmed. 5. A preliminary objection was raised by the learned counsel for the 2025:UHC:1362 respondents against the order impugned in the present writ petition by saying that the writ petition is not maintainable as the petitioner may file an application under Section 482 of Cr.P.C. 6. In this view of the matter, the present writ petition is dismissed. However, a liberty is given to the petitioner to avail the remedy available under law against the order impugned in the present writ petition. 7. Pending applications also stand disposed of. (Pankaj Purohit, J.) 27.02.2025 PN