IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 177 of 2010 State of Uttarakhand ……….Revisionist Versus Ashok Kumar @Ashok Verma & another .…...Respondents Present: Mr. Nandan Arya, AGA for the State. Hon’ble Sudhanshu Dhulia, J(Oral) Heard Mr. Nandan Arya, AGA for the State. This revision has been filed on behalf of the State challenging the order dated 22.2.2010 passed by the Sessions Judge as well as the order dated 27.1.2010 passed by the learned 1st Additional Chief Judicial Magistrate, Haridwar. The matter relates to allegation against the accused persons that they have illegally felled five Eucalyptus trees and they have been charged under Section 26 Indian Forest Act, 1927. Vide order dated 27.1.2010 the application moved by the forest department for examination of one Sri Dheeraj Singh Negi and Hira Lal Verma. The application was opposed by the defendants/accused persons. The learned Magistrate stated in its order that in spite of repeated opportunities, as it is evident from the order sheet, the prosecution is not able to produce the said witnesses and hence the application was rejected. Apart from the fact that there is a delay of 112 days in filing the present revision, the fact of the matter is that the State has already exhausted the remedy of filing a revision before the Sessions Judge bearing Criminal Revision No. NIL/2009, which has already been dismissed. The second revision, therefore, is not maintainable. Present revision is, therefore, liable to be dismissed and is hereby dismissed. No order as costs. Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J) 16.09.2010 Kuldeep