Uttarakhand High Court
Hon'Ble Vivek Bharti Sharma vs Dinesh Chandra And Others" For The on 9 June, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
09.06.2025 CRLR No.341 of 2025
Hon'ble Vivek Bharti Sharma, J.
Mr. Aditya Singh, learned counsel for the revisionist.
2. Mr. Deepak Bisht, learned Deputy Advocate General
along with Mr. Prabhat Kandpal, learned Brief Holder for
the State.
3. Present criminal revision has been filed with the
prayer to set aside the impugned judgment and order dated
24.04.2025 passed by Special Judge (Prevention of
Corruption Act, 188)/2nd Additional Session Judge,
Haldwani, District Nainital in Special Session Trial No.20
of 2024, "State Vs. Dinesh Chandra and Others" for the
offence punishable under Section 7 of Prevention of
Corruption Act, 1988 & 34 of IPC at Police Station
Vigilance Sector Haldwani, District Nainital, whereby the
learned Court below has dismissed the application filed by
the Revisionist U/s 250 of B.N.S.S., 2023 for discharging
the revisionist under the relevant sections.
4. Learned counsel for the revisionist would submit that
as per transcript of the alleged recorded conversation
between the revisionist and the complainant as such there
was no demand for money from the complainant, instead,
the demand was for installation of the inverter for battery in
the school so that the computer classes of the students are
not affected at the time of no electricity; that, this allegation
by itself does not constitute any punitive offence under
Section 7 of Prevention of Corruption Act; that, it may be
ethically incorrect in the understanding of some persons and
some may say that what the revisionist was doing was for
the welfare of the students of the school.
Learned counsel for the revisionist would further
submit that the transcript (Annexure No.4) was provided as
part of the charge-sheet and he undertakes to file certified
copy of the same on the next date of hearing.
5. Per contra, learned counsel for the State supports the
impugned order, however, he would submit that prima facie
it does not seem to be punitive offence and prays for time to
file reply/objection to the grounds of revision and apprise
himself of the law on the point and place it before the Court.
6. Issue notice to respondent no.2 through ordinary
process and registered post, acknowledgement due as well
as by email and WhatsApp, if available.
7. Steps to be taken within two weeks.
8. Meanwhile, learned counsel for the State shall file
reply/objection to the grounds of revision.
9. List this case on 24.07.2025 for hearing on
admission.
10. Till the next date of listing, effect and operation of the
impugned judgment and order dated 24.04.2025 passed by
Special Judge (Prevention of Corruption Act, 1988)/2nd
Additional Session Judge, Haldwani, District Nainital in
Special Session Trial No.20 of 2024, "State Vs. Dinesh
Chandra Sharma and Others" for the offence punishable
under Section 7 of Prevention of Corruption Act, 1988 & 34
of IPC at Police Station Vigilance Sector Haldwani, District
Nainital shall remain stayed.
(Vivek Bharti Sharma, J.)
09.06.2025
SS
