PURUSHOTTAM THALWAL AND ANOTHER Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-8-113
HIGH COURT OF UTTARAKHAND
Decided on August 14,2013

Purushottam Thalwal And Another Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) An F.I.R. was lodged by the Executive Director of District Rural Development Agency (DRDA), Uttarkashi against three accused persons, namely, Smt. Vijay Laxmi Thalwal, Purushottam Thalwal and Kishore Kumar Khairola on 29.5.1999 in P.S. Dharasu, which was registered as case crime no. 22/99 under Section 406 I.P.C. The allegation against them, in a nutshell, was that they embezzled public money. They received money from the government exchequer, but did not start the project for which they were granted money. They did not produce muster rolls and vouchers. Recovery certificate was also issued against them for recovery of government money.
(2.) After the investigation, a charge sheet for the offences punishable under Sections 406, 420, 467 and 468 of I.P.C. was filed against the accused persons. Cognizance was taken on the said charge sheet. Accused persons were summoned to face the trial.
(3.) In the mean time, on the basis of reports of District Magistrate, S.P. and Senior Prosecuting Officer, the Government of Uttarakhand issued a Government Order for withdrawal of case. When an application for withdrawal was moved before the Magistrate concerned, he refused the permission to withdraw the case. The accused persons moved before the lower appellate court, who concurred with the view taken by learned Magistrate and dismissed the Criminal Appeal. Aggrieved against the said order, two applicants moved before this court under Section 482 Cr.P.C. This court, vide judgment and order dated 10.8.2005 remitted back the matter to learned trial court to decide the same afresh in the light of the observations made in the body of the judgment. This was the first round of litigation between the parties.;


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