C482/163/2023
2023 Latest Caselaw 345 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                  COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      03.02.2023                                C-482 No. 163 of 2023


                                                Hon'ble Alok Kumar Verma, J.

Mr. Vikas Anand, Advocate for the applicants.

Mr. Lalit Miglani, A.G.A. for the State.

In Writ Petition (PIL) No. 44 of 2019, this Court had passed an order on 26.06.2019, "The Chief Secretary, State of Uttarakhand is, suo moto, impleaded as the fourth respondent in this writ petition. He shall, within three weeks from today, have an inquiry caused into this matter; take action to identify the officials responsible for the loss of Rs. 6.15 lakhs to the public exchequer; and issue appropriate directions for initiation of disciplinary proceedings against them, besides initiating action for recovery of the misappropriated amount of Rs. 6.15 lakhs."

The present applicants namely Sri Mathuri Lal Gautam and Smt. Sapna Gautam have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No. 1126 of 2022, 'State Vs. Mathuri Lal Gautam and Others' pending before the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar for the offence under Sections 420, 467, 468, 471 and 120-B IPC.

Learned counsel for the State submitted that in compliance of the said order dated 26.06.2019, passed in the PIL, an inquiry was conducted and after inquiry, the first information report was lodged by Lalita Rani, Assistant Social Welfare Officer, Kashipur, District Udham Singh Nagar.

Mr. Vikas Anand, learned counsel for the applicants, submitted that earlier, an FIR (Case Crime No. 736 of 2008) was lodged against the applicants on the same facts. After trial, the applicants were acquitted vide judgment dated 18.11.2011 from the offence punishable under Sections 420, 467, 468, 471 and 506 IPC. A subsequent report (FIR No. 444 of 2009) was lodged against the applicants on the same facts. The applicants were again acquitted on 26.08.2013 from the offence punishable under Sections 417, 418, 419, 420, 467, 468, 469, 470, 471 506 and 466 IPC.

Mr. Vikas Anand, learned counsel for the applicants, submitted that the applicants were acquitted in the said offences. The instant first information report was lodged and the charge sheet has been filed on the same facts, whereas, the applicants are not liable to be tried again for the same offences.

Learned counsel for the State requested two weeks' time to file counter affidavit.

List on 22.02.2023.

Till then, the further proceedings of Criminal Case No. 1126 of 2022 are stayed qua the applicants only.

(Alok Kumar Verma, J.) Vacation Judge 03.02.2023 Ujjwal