PARVATI DEVI AND OTHERS Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
Parvati Devi And Others
State of Uttarakhand and others
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(1.) Having heard learned counsel for the parties, it appears
that an FIR was lodged by respondent no. 2 Pratap Singh, resident of
village Lachina, Tehsil Ranikhet, making allegations upon Indra
Singh that at his instance two labourers have cut down a giant tree,
which was purportedly standing in Khet No. 918, owned by Umed
Singh Negi, resident of same village. Revisionists are successors /
legal heirs of Umed Singh Negi.
(2.) A criminal case no. 165 of 2000 was proceeded against
Indra Singh and two others namely Sultan Ahmad and Furkan
Ahmad. Learned Judicial Magistrate vide order dated 19.09.2000
convicted Indra Singh while acquitted rest of the accused persons.
(3.) After this judgment, three misc. applications were filed by
Indra Singh, Pratap Singh and Umed Singh Negi for release of woods
of that tree in their favour. Question was determined by Judicial
Magistrate vide his order dated 15.02.2006 releasing the woods in
favour of Umed Singh Negi. An appeal was preferred respondent
no. 2 under Section 458 (2) Cr.P.C. before the learned Sessions Judge,
who remanded the matter back to Chief Judicial Magistrate, Almora
for disposal of aforesaid three misc. applications in the light of
provisions of Section 457, 458 and 459 Cr.P.C. This judgment of
Sessions Judge, Almora dated 16.12.2008 has been assailed in this
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