RAKESH KUMAR Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and another
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(1.) Considering the grounds stated in the
accompanying affidavit, restoration application (MCRC
715/2012) is allowed. Order dated 29.8.2012, passed by
this Court, is recalled. Petition is restored to its original
(2.) Heard learned Counsel for the parties on the
merits of the case. Also perused the papers on record.
(3.) It appears that an FIR was lodged by Murtkeem
(respondent no. 2), who possesses some agricultural land
in village Khatka within the territorial jurisdiction of Police
Station Kotwali Roorkee, District Haridwar. This FIR was
lodged against Ratan Singh and Rakesh Kumar. At the
relevant time, Ratan Singh was working as Kanoongo and
he was also performing the duties of consolidation official,
while another accused Rakesh Kumar was Village
Pradhan of Toda Kalyanpur. It has been alleged in the FIR
that in village Toda Kalyanpur, where the land of Mr.
Murtkeem was situated, the consolidation work was
underway. In pursuance of that work, Ratan Singh asked
Mr. Murtkeem to pay some monetary consideration in lieu
of correct measurement of his agricultural plots. Mr.
Murtkeem approached the Village Pradhan Rakesh Kumar
for his advice, who was in conformity with the demand of
Ratan Singh. So, Mr. Murtkeem was constrained to give
money for the said work. He, accordingly, gave rupees
three thousand to Mr. Ratan Singh at the residence of
Village Pradhan Rakesh Kumar. Few months thereafter,
Murtkeem again gave Rs. 19,500/- to Mr. Rakesh Kumar.
Accused persons, even after taking this much amount of
money from Murtkeem, did not do the desired work. So,
an FIR was lodged. Investigation ended into submission of
chargesheet, whereupon learned Magistrate took
cognizance on 11.2.2009 and asked Ratan Singh and
Rakesh Kumar to stand trial for the offence under
Prevention of Corruption Act.;
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