Uttaranchal Court April 2010 Judgments
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State of Uttarakhand Vs. Sri Rishi Ram Bhatt and ors.
Court: Uttaranchal
Decided on: Apr-06-2010
J.S. Khehar, C.J.1. Respondent No. 1, Rishi Ram Bhatt, responded to an advertisement for an appointment against the post of Assistant Engineer in the Garhwal Jal Sansthan. He participated in the process of selection, whereafter he was appointed as an Assistant Engineer on 06.10.1978. His work and conduct having been found to be satisfactory, he was confirmed against the post of Assistant Engineer by an order dated 30.09.1980, w.e.f. 07.10.1979.2. While respondent No. 1 was in the employment of the Garhwal Jal Sansthan, an advertisement was issued by the Irrigation Department, inviting applications for the post of Assistant Engineers. Respondent No. 1 responded to the aforesaid advertisement. Yet again, having participated in the process of selection, he was found suitable for appointment for the post of Assistant Engineer. On the declaration of the select list, respondent No. 1 issued a notice dated 14.01.1982, informing the Garhwal Jal Sansthan, that he had been selected as an Assista...
Kailash Chandra Petshali S/O Sri Hari Dutt Petshali Vs. State of Uttar ...
Court: Uttaranchal
Decided on: Apr-06-2010
Prafulla C. Pant, J.1. This revision, is directed against the judgment and order dated 28.02.2005, passed by Sessions Judge, Nainital, in criminal appeal No. 18 of 2004, and connected matters.2. Heard learned Counsel for the parties and perused the lower court record.3. Brief facts of the case are that certain forest produce (resin) was found being transported without valid papers, which were intercepted by the police. Accused Ramesh Chandra Pathak, Lalit Mohan Petshali, Kanti Swaroop Rawat, Sanjay Joshi, Gopal Sharma, Kamlapati Joshi and Ram Singh, were prosecuted in respect of offence punishable under Section 4/14 of U.P. Resin and Other Forest Produce (Trade Regulation) Act, 1976. The trial court convicted the said accused and sentenced each of them to two years simple imprisonment and also directed to each one of them to pay fine of Rs. 2,000/-. However, revisionist Kailash Chandra Petshali, and few others, claimed ownership of the property intercepted and moved an application befo...
Kallu @ Iqbal Ahmad S/O Islam Vs. State of Uttarakhand Through Secreta ...
Court: Uttaranchal
Decided on: Apr-06-2010
Prafulla C. Pant, J.1. Heard learned Counsel for the petitioner and learned Counsel for the respondent No. 12. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 18.02.2010, passed by Additional Sessions Judge/Ist Fast Track Court Roorkee, Haridwar, in S.T No. 148 of 2009 State v. Azam and Ors. relating to offences punishable under Section 307, 308, 325, 504 & 506 of I.P.C, Police Station Kotwali Gangnahar, Roorkee whereby said court has dismissed the application moved under Section 319 of Cr.P.C, by the complainant and refused to summon respondents no 2 to 4 in said case.3. Brief facts of the case are that complainant/petitioner lodged first information report which was registered as crime No. 151 of 2007 against respondent no 2 to 4 and other two accused namely Tajbar and Azam, in respect of offences punishable under Section 147, 148, 149, 323, 307, 308, 504 I.P.C. After investigation the police submit...
Ajab Singh Negi Vs. Union of India (Uoi) and ors.
Court: Uttaranchal
Decided on: Apr-06-2010
V.K. Bist, J.1. Heard learned Counsel for the parties.2. On 22.01.1992 the petitioner was appointed as Police Constable on 22.01.1992 in Andhra Pradesh, Police Department. He was posted in District Krishna, Hyderabad. Thereafter, he was sent on deputation to the Security Wing, Intelligence Department, Hyderabad where he worked till 08.11.1999. On 05.11.1999 Inspector General of Police, Intelligence Andhra Pradesh, Hyderabad issued an order by which the petitioner was sent on deputation to the Subsidiary Intelligence Bureau, Government of India, Hyderabad. The petitioner worked in Subsidiary Intelligence Bureau, Government of India, Hyderabad from 09.11.1999 to 30.04.2002. On account of family problems, the petitioner made representation on 30.11.1999 to the Assistant Director Subsidiary, Intelligence Bureau for considering his case for transfer to Dehradun/Haridwar/Rishikesh. On 18.03.2002 the Assistant Director Subsidiary, Intelligence Bureau transferred the petitioner to Dehradun. Th...
Master Sparsh S/O Sri Gautam Chadha and Kumari Sana D/O Sri Gautam Cha ...
Court: Uttaranchal
Decided on: Apr-06-2010
Prafulla C. Pant, J.1. Heard learned Counsel for the petitioners.2. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioners have sought direction to the respondent to make payment of Rs. 1,18,800/- in compliance of order dated 15.03.2008, passed by Addl. Judge, Family Court, Rishikesh, in Case No. 11 of 2004; Richa Chadha v. Gautam Chadha. A further direction has been sought against respondent to comply the order dated 06.06.2008, passed by this Court, in Criminal Revision No. 100 of 2008; Gautam Chadha v. State of Uttarakhand.3. Section 482 of Cr.P.C. empowers this Court to issue orders as may be necessary to give effect to any order under this Code or to prevent abuse of process of law of any court or otherwise to secure the ends of justice.4. Perusal of the papers on record show that the Addl. Judge, Family Court, vide his order dated 15.03.2008, disposed of Case No. 11 of 2004, whereby he granted ...
Umakant Joshi Vs. State of Uttarakhand and anr.
Court: Uttaranchal
Decided on: Apr-06-2010
J.S. Khehar, C.J.1. The petitioner was inducted into the service of Directorate of Industries as a Manager (Marketing) on 23.4.1984. During the years 1996 and 1997, four chargesheets were issued against the petitioner. The aforesaid chargesheets dated 23.7.1996, 19.12.1996, 24.1.1997 and 14.3.1997 resulted in passing of a common order of punishment dated 23.1.1999. By the instant order dated 23.1.1999, the petitioner was down-graded to the minimum of the pay-scale of the post held by him. Additionally, an adverse entry of doubtful integrity was recorded in his Annual Confidential Report for the years 1995-96.2. Dissatisfied with the punishment order dated 23.1.1999, the petitioner addressed a representation dated 14.1.2000 while he was still in the employment of the composite State of Uttar Pradesh. After the reorganisation of the composite State of Uttar Pradesh, he addressed a second representation dated 23.12.2000. Through the aforesaid representations, he assailed the order dated 2...
Sahadat HussaIn S/O Sri Siphaiya, Vs. State of Uttarakhand Through Dis ...
Court: Uttaranchal
Decided on: Apr-06-2010
Prafulla C. Pant, J.1. Heard learned Counsel for the parties, and the injured.2. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Case No. 415 of 2009, State v. Sahadat Hussain and Ors. relating to offences punishable under Section 326, 323, 324, 504 of I.P.C., pending in the court of Addl. Chief Judicial Magistrate, Kashipur.3. Learned Counsel for the parties state that the complainant and injured have entered into compromise with the accused / petitioners. It is pleaded on behalf of the parties that since no deadly weapon like firearm or knife etc. is used in commission of crime, the ingredients of the offences punishable under Section 324 or 326 of I.P.C. are not made out. It is pertinent to mention here that Section 323 of I.P.C. is compoundable under Section 320 of Cr.P.C., and offence punishable under Section 325 of I.P.C. is compoundabl...
Satish Kumar Chauhan Vs. State of Uttarakhand and ors.
Court: Uttaranchal
Decided on: Apr-06-2010
V.K. Bist, J.1. Brief facts of the case are that the petitioner was initially engaged as Seasonal Collection Amin in the year 1996. He continued to work as Seasonal Collection Amin till September, 2008. When petitioner was arrested by the vigilance team on 01.09.2008 he was disengaged by the respondents. The petitioner was granted bail on 04.11.2008 in criminal case No. 5 of 2008 which is still pending. Thereafter, the petitioner moved a representation before respondent No. 2 for his reengagement in the department but petitioner has not been reengaged so far.2. Learned Counsel for the petitioner submitted that the petitioner was falsely implicated in the criminal case and due to this reason he was disengaged from the work. He also submitted that the petitioner has made representation to the respondents more than one year back but his representation has not been decided so far. He also submitted that respondent No. 2 has passed an order in favour of some Lekhpals who were arrested by th...
Ajay Kumar Agarwal and ors. Vs. State of Uttaranchal and Smt. Radha De ...
Court: Uttaranchal
Decided on: Apr-05-2010
Prafulla C. Pant, J.1. Heard.2. All these petitions, relate to the criminal cases arising out of same matrimonial dispute, and are being taken up together for their disposal. By means of these petitions, moved under Section 482 of Code of Criminal Procedure, 1973, (for short Cr.P.C.) the petitioners have sought quashing of the proceedings of criminal complaint case No. 1470 of 2005, Smt. Radha Devi v. Ajay Kumar Agarwal, relating to offence punishable under Section 403 I.P.C., and criminal case No. 1436 of 2005, State v. Ajay Kumar Agarwal and Ors., relating to offences punishable under Sections 498A, 406, 504, 506 I.P.C. and one punishable under Section Dowry Prohibition Act, 1961, pending in the court of Judicial Magistrate, Khatima.3. Learned Counsel for the petitioners submitted that parties to the matrimony have entered into compromise on 11.06.2007, during the pendency of these petitions. It is further pointed out that after the parties to the matrimony entered into compromise, t...
Munnu Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Apr-05-2010
Prafulla C. Pant, J.1. This revision, is directed against the judgment and order dated 04.03.2002, passed by Additional Sessions Judge/Fast Track Court, Kashipur, District Udham Singh Nagar, in criminal appeal No. 16 of 1999, whereby said court affirmed the conviction and sentence, recorded against the revisionist-Munnu, relating to offence punishable under Section 429 of Indian Penal Code, 1860 (for short I.P.C.)2. Heard learned Counsel for the parties and perused the lower court record.3. Prosecution story, in brief, is that on 08.11.1993, complainant Jagan Singh, lodged a First Information Report against revisionist-Munnu that he assaulted with a sharp edged weapon (GANDASA) on his cow, which caused 5 inch long incised wound on said animal. Said report was registered as crime No. 1207 of 1993, with Police Station Kashipur. After investigation, a charge sheet was filed against the revisionist, for his trial in respect of offences punishable under Sections 429, 506 I.P.C. The trial co...
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