High CourtsSingle Bench(2023) 10 SIK CK 0031

Ashal Kumar Thapa vs State Of Sikkim

Sikkim High Court · Decided on 10 October 2023

HON’BLE JUDGES
Meenakshi Madan Rai, J
CASE NUMBER
Civil Revision Petition No. 02 Of 2023

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Judgment

11 paragraphs · 226 words

Meenakshi Madan Rai, J

This is an application filed by the Petitioner challenging the Order of the Learned Special Judge (PC Act, 1988), Gangtok, Sikkim, dated 21-08-2023, in Sessions Trial (Vigilance) Case No.01 of 2019 [State of Sikkim (Through Vigilance Department) vs. Ashal Kumar Thapa and Others].

Issue Notice to the Respondent.

Learned Additional Public Prosecutor is present for the State-Respondent on advance Notice and waives formal Notice.

Call for scanned copies of the records of the Learned Trial Court.

List on 20-11-2023.

Heard on I.A No.01 of 2023 which is an application filed by the Petitioner praying that the proceedings before the Learned Special Judge (PC Act, 1988), Gangtok, Sikkim, in Sessions Trial (Vigilance) Case No.01 of 2019 [State of Sikkim (Through Vigilance Department) vs. Ashal Kumar Thapa and Others] be stayed until further orders.

In my considered opinion, there is no requirement to stay the proceedings of the case supra. The trial may continue with the examination of the other witnesses of the Prosecution besides the names of the witnesses mentioned hereinbelow;

Smt. Rinzing Doma Bhutia; Smt. Passangkit Lepcha; Smt. Lily Bhutia; Ms. Laxmi Rai; Ms. Beena Gurung; Ms. Tshering Ongmu Bhutia; Shri Bikram Tamang; Shri B. B. Subba and Shri Phetuk Bhutia.

I.A No.01 of 2023 stands disposed of accordingly.

Copy of this Order be forwarded to the Learned Trial Court for compliance.