Decided on December 31,2012

State of Uttarakhand and another Respondents


- (1.) Heard learned Senior Counsel for the applicant and learned Counsel for the State. Also perused the papers on record.
(2.) It appears that applicant Arun Kumar Gupta purchased a piece of land ad measuring 1620 sq. mt. @ Rs. 500/- per sq. mt. in Haldwani, District Nainital from one Swami Krishnanad. The said plot was meant for establishing a honey-producing unit by way of taming the honeybees. Applicant, accordingly, claimed subsidy on sundry scores while purchasing of the said land. Lateron it was detected by some social activist that the said land was not purchased for the purpose of establishing a foodprocessing unit. So, the matter was firstly agitated on 20.5.2007, but the FIR could be lodged on 16.1.2010 by respondent no. 2 Amar Nath Joshi. Matter was investigated, which resulted in submission of chargesheet against the applicant for the offences under Section 420, 467, 468, 471, 511 IPC. Learned Magistrate took cognizance on the same date i.e. on 27.1.2011. Process was repeatedly issued against the accused applicant, but he 2 evaded the same and ultimately approached this Court by way of filing Miscellaneous Application No. 929/2011 under Section 482 CrPC.
(3.) The aforesaid case was heard by another Bench of this Court and after considering the pleas raised by learned Counsel for the applicant and learned State Counsel, the same was dismissed on 12.10.2011 with the observation that in case the accused surrendered before the court concerned, his bail application shall decided without unreasonable delay. However, the accused applicant chose not to surrender, and he continued to evade even the process of the Court. Meanwhile, the applicant procured an order from the concerned authority for further investigation into the matter. Investigation Officer submitted an application before the court of Additional Chief Judicial Magistrate, Haldwani seeking permission to further investigate the matter. The same was granted with the condition that Investigation Officer would not submit final report in the matter. After further investigation, the Investigation Officer submitted his detailed report, which is Annexure 4 to this petition, and requested the court below to consider certain evidence, mentioned therein, during the course of trial.;

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