Uttaranchal Court March 2013 Judgments
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Manjeet Singh @ Ankur Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Mar-25-2013
U.C. Dhyani, J. 1. A complaint (Ext. Ka-1) was given to PS Kotwali, Rudrapur, District Udham Singh Nagar on 11.05.2002 by PW 1 Dhananjay Mishra regarding kidnapping and rape with his daughter Archana Mishra, aged 15 years. According to the complaint, on 07.05.2002, when he returned from his office at 7:00 p.m., he did not find his daughter in the house. He made an inquiry from his neighbours and his acquaintances. On 11.05.2002, co-villagers Ramesh and Chhotu informed the complainant that Archana was seen with Manjeet Singh alias Ankur, Dinesh and Pankaj on 07.05.2002, at 8:00 a.m., near Danpur. A report regarding kidnapping and abduction was therefore, lodged in PS Rudrapur on 11.05.2002 at 1:15 p.m. 2. Investigating Officer started investigation on the basis of said first information report. The victim was recovered on 19.05.2002 near railway station of Rudrapur. Accused Manjeet Singh was apprehended. The victim was medically examined whereupon doctor found that there was no external...
Krishan Kant Anand Vs. Union of India and Others
Court: Uttaranchal
Decided on: Mar-21-2013
Alok Singh, J. 1. Petitioner, by invoking the jurisdiction of this Court under Article 226 of the Constitution of India, is assailing the order dated 14.10.2010 (Annexure No. 11 to the writ petition) passed by respondent no. 3 Chief General Manager (P) whereby petitioner was removed from service as well as order dated 09.03.2011 (Annexure no. 14 to the writ petition) passed by respondent no. 2 whereby appeal against the order dated 14.10.2010 was dismissed. 2. Brief facts of the present case, inter alia, are that petitioner was working as Senior Engineer at Koteshwar Hydro Electric Project of THDC; an FIR was got registered against the petitioner for the offence punishable under Sections 373, 376 IPC and under Section 6 of the Immoral Trafficking (Prevention) Act, 1956 (for brevity the Act) with police station Rishikesh, District Dehradun alleging that petitioner was found involved in obscene dance in room No. 107 of Hotel Uttaranchal, situated in Rishikesh, Dehradun and was arrested b...
Sarju Vs. Sate of Uttarakhand
Court: Uttaranchal
Decided on: Mar-20-2013
B.S. Verma, J. (Oral) This Criminal Jail Appeal, has been preferred against the judgment and order dated 16-3-2009, passed by Sessions Judge, Dehradun, in Sessions Trial No. 88 of 2008, State Vs. Sarju, whereby the accused/appellant Sarju was convicted U/S 376 (2) (f) of the I.P.C. and was sentenced to undergo 10 years R.I. and imposed a fine of Rs. 5000/- and in default of payment of fine to further undergo six months R.I. The prosecution case, in brief, is that on 19-5-2008, complainant Amit Thapa S/o Bheem Bahadur, handed over a written report at P.S. Rishikesh to this effect that accused Sarju is residing in his house as a tenant from two months, whose wife had died about two years back and he has a son and a daughter (aged seven ) year. Accused Sarju often comes his house in drunken condition and used to beat his daughter and according to his daughter, the accused does misdeed with her. It was also mentioned in the written report that on 18-5-2008 at about 2 am in the night accuse...
Girish Singh Khati and Another Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Mar-18-2013
Alok Singh, J. 1. Since both the appeals are arising out of the same judgment and order dated 24.05.2008 passed by Sessions Judge, Nainital thereby convicting the appellants, herein, for the offences punishable under Section 302/34 IPC and sentencing them to undergo imprisonment for life and to pay fine of Rs.10,000/- each, failing which to undergo additional rigorous imprisonment of one year each, therefore, both the appeals were taken up and heard together and are being disposed of by this common judgment. 2. Brief facts of the present case are that PW1 Geeta Arya along with Chandan Kumar were taking walk at about 09.00 p.m. and when both of them reached near the house of PW3 Mahesh Chandra Joshi, both the appellants came on Yamaha motorcycle and pushed Chandan Kumar from behind and thereafter, started beating Chandan Kumar. PW1 Geeta Arya and PW3 Mahesh Chandra Joshi tried to intervene and made an attempt to get released Chandan Kumar from the clutches of appellants, however, appell...
State of Uttarakhand Vs. Kiran Fartiyal and Others
Court: Uttaranchal
Decided on: Mar-15-2013
Barin Ghosh, C.J. Oral: 1. There is no scope of interference with the judgment under appeal and, accordingly, the appeal is dismissed. Reasons there-for are as follows:- 2. According to the case of the prosecution, the victim, a 17-year-old girl of the informant, was returning home from School at about 4:00 P.M. of 25thFebruary, 2004; she did not reach home. Searches were made, which yielded no result. The parents of the victim felt that the victim may turn up at the School to attend the examination that was scheduled to be held on 26thFebruary, 2004. They, accordingly, went to the School, but to their dismay the victim did not attend the School. In the circumstances, parents of the victim returned home. Having had returned home around 11:00 A.M. of 26thFebruary, 2004, they came to learn that the dead body of the victim has been located inside a nearby jungle. The informant, accordingly, went to gather, whether it is the dead body of the victim, or not and finding that it was the dead ...
State of Uttaranchal Vs. Nayan Singh
Court: Uttaranchal
Decided on: Mar-14-2013
B.S. Verma, J. (Oral) This appeal U/S 377 of the Criminal Procedure Code (in short Cr.P.C.) has been preferred by the State against the judgment and order dated 6-12-2003, passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 7/2003, State Vs. Nayan Singh, whereby the accused/respondent Nayan Singh has been acquitted of the charges U/Ss 363, 366, 376 I.P.C. According to prosecution story, on 19-1-2003 at about 2 p.m. accused/respondent Nayan Singh had kidnapped Km. Ishwari Bhatt from the lawful guardianship of her parents and carried her at different places and committed forcible rape upon her against her will. As per the prosecution case age of Km. Ishwari at the time of occurrence was 15 years. The learned trial court after considering the evidence on record and hearing the counsel for the parties, came to the conclusion that the prosecution had failed to prove the charges levelled against the accused and accordingly acquitted the accused vide impugned judgment and order. Feel...
Swami Maheshwaranand Disciple Swami Prakashanand Saraswati Vs. Executi ...
Court: Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
Decided on: Mar-12-2013
B.C. Kandpal, President This revision petition under Section 17(1)(b) of the Consumer Protection Act, 1986 has been preferred against the order dated 22.08.2012 passed by the District Forum, Haridwar in consumer complaint No. 229 of 2012, whereby the District Forum has restrained the opposite party No. 1 electricity department not to disconnect the electricity connection of the complainant till the date fixed in the case. The revisionist moved an impleadment application before the District Forum on 27.08.2012 to implead him as a party in the consumer complaint and vide order dated 31.08.2012, the revisionist was impleaded as opposite party No. 2 in the consumer complaint. 2. Briefly stated, the facts of the case, are that the complainant has filed a consumer complaint before the District Forum, Haridwar with the allegations that he resides in Saraswati Ashram, Near Ramkishan Mission Hospital, Kankhal, Haridwar. He has also alleged that he has spent sum of Rs. 2,00,000/- in construc...
Mrs. Snehlata Bhandari and Another Vs. State of Uttarakhand and Others
Court: Uttaranchal
Decided on: Mar-12-2013
Barin Ghosh, C.J. (Oral) 1. In the instant case, appellant No. 1 is the widow of Pradeep Singh Bhandari and appellant No. 2 is the son of Pradeep Singh Bhandari. Pradeep Singh Bhandari was the son of G.S. Bhandari. G.S. Bhandari predeceased his wife Smt. Durga Devi Bhandari. After the death of Smt. Durga Devi Bhandari, respondent No. 3, the daughter of G.S. Bhandari, purported to present a Will, allegedly executed by Smt. Durga Devi Bhandari, for registration before respondent No. 2, Sub-Registrar (Second), Haldwani. Respondent No. 2 has registered the said Will. Challenging the said registration, a writ petition was filed. In that, amongst others, it was contended that, in terms of the provisions of Section 169 of The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, the subject Will was required to be registered by the Testator herself, inasmuch as, the Will dealt with bhumidhari right of the Testator. The learned Judge, who dealt with the writ petition, did not consider ...
Naresh Chand Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Mar-08-2013
Oral: Alok Singh, J. 1. In the present revision, revisionist is assailing judgment and order dated 23.08.2005, whereby the Special Judicial Magistrate, Pithoragarh in criminal case no. 152 of 2005 was pleased to hold the accused-revisionist guilty for an offence punishable under Section 406 IPC and was pleased to sentence him to serve one year rigorous imprisonment and to pay fine of `1000/-, failing which to undergo additional six months imprisonment and judgment and order dated 03.05.2006, passed by learned Sessions Judge, Pithoragarh, whereby appeal filed by the accused-revisionist was dismissed. 2. Brief facts of the present case inter alia are that revisionist-accused was a license holder of fare price shop in village Salla, District Pithoragarh. Since there was some dispute between Jagdish Singh and Keshar Singh, so the District Administration has decided to entrust the ration of village Salla to the revisionist-accused for the free distribution amongst the poor labours engaged i...
Liyaqat and Others Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Mar-08-2013
Oral: Alok Singh, J. Revisionist / accused has knocked the door of this Court while invoking revisional jurisdiction under Section 397 / 401 Cr.P.C. assailing the judgment and order dated 04.03.2005 passed by learned Sessions Judge, Dehradun dismissing the appeal preferred by revisionists against the judgment and order dated 17.01.2005 passed by Special Judicial Magistrate II, Dehradun, whereby learned Magistrate has found revisionist nos. 1, 3, 5 and 6 guilty for the offences punishable under Section 323, 324, 147 IPC and sentenced them to serve simple imprisonment for one month under Section 324 IPC and further sentenced them to pay Rs.500/- each under Section 147 and further sentenced them to pay Rs.500/- each under Section 323. In default of payment of fine, they were directed to undergo one week additional imprisonment. Respondent no. 2 was convicted under Sections 148, 324 IPC and sentenced to pay fine of Rs.500/- under Section 148 IPC and to undergo one months simple imprisonmen...
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