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2018 (8) TMI 1344

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..... e relating to the documents filed by the Respondent in I.A. No.13/2018 in Criminal Revision Petition No.08/2015 giving opportunity to the Revisionist to rebut the same as per law - petition allowed by way of remand. - I.A. No.13 of 2018 IN Crl. Rev. P. No. 08 of 2015 - - - Dated:- 6-8-2018 - MR. BHASKAR RAJ PRADHAN, J Appearance: Mr. Zangpo Sherpa, Mr. Sangay G. Bhutia and Mr. Jushan Lepcha, Advocates for the Revisionist. Mr. Jorgay Namka, Ms. Panila Theengh, Ms. Tashi Doma Sherpa, Advocates for the Respondent. ORDER ORALLY Bhaskar Raj Pradhan, J 1. This is an application filed on behalf of the Respondent for taking further evidence under Section 391 of the Code of Criminal Procedure, 1973 (Cr.P.C.) The Respo .....

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..... iate on terms for and to agree to and enter into and conclude any agreement or sale and sell the said Amar Singh Singhi s landed property fully mentioned and described in the scheduled thereto and further to receive from the intended purchaser or purchasers any earnest money and /or advance and also the balance of purchase money, and to give good, valid receipt and discharge for the same and for various other purposes as detailed therein. 4. The Respondent has also filed and sought to rely upon a certified true copy from the office of the Sub-Registrar, North Sikkim, at Mangan of a page of the register maintained for the month of October, 1996 and closing on 31 march, 1997 which records the registration of the Power of Attorney granted b .....

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..... ility. It is further averred that the Respondent as advised recently is in the process of obtaining relevant documents from Rajasthan and Mangan, North Sikkim out of which he has been able to obtain the aforementioned documents. 5. Prima-facie it is quite evident that the document obtained by the Respondent recently and sought to be relied upon has direct bearing to the present case. In the circumstances this Court is of the view that the additional evidence sought to be produced is necessary and further that not examining the said documents may occasion a failure of justice. 6. In the circumstances, it is directed that the records of the present case be remitted to the Court of Judicial Magistrate, First Class, East Sikkim at Gangt .....

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