PARVATI DEVI AND OTHERS Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2012-9-159
HIGH COURT OF UTTARAKHAND
Decided on September 11,2012

Parvati Devi And Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (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 Revision.;


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