Decided on February 20,2013

Alauddin And Others Appellant
State of Uttarakhand and others Respondents


- (1.) There are two impugned orders, which are under challenge in this petition. Initially an order was passed on 25.4.2006 by the Judicial Magistrate, Haldwani summoning as many as eight other accused persons under Section 319 CrPC to stand trial for the offences under Section 409, 465, 467, 468, 471 read with Section 120B IPC. All the accused persons, who have been summoned, were the office bearers of Farmer Cooperative Sugar Mill Ltd., Nadehi, District Nainital in their different capacities. Most of them were affiliated with the account section of the mill. However, some of them including Mr. YS Malik were in the managerial capacity. Feeling aggrieved with the said order of cognizance, accused persons preferred a revision, which was dismissed by the Additional Sessions Judge, Haldwani on 19.5.2007. So, they challenged the order of cognizance as well as the order of the revisional court by filing a series of petitions under Section 482 CrPC before this Court. Out of those petitions, one petition No. 398/2007 filed by YS Malik was heard by another Bench of this Court and the same was allowed on 15.10.2008. Consequently, YS Malik was discharged. State Government filed a Criminal Appeal No. 443/2011 before the Hon'ble Supreme Court, which 2 was allowed and the judgment and order of this Court was set aside. Thus Mr. YS Malik is now facing trial.
(2.) As regards other petitions bearing No. 471/2007, 389/2007, 423/2007, which were filed by other summoned accused persons, namely, RR Tyagi & Another, Allauddin & Others and RK Jain, these were heard by another different Bench of this Court and the same were dismissed on 27.7.2012. However, it was directed that the accused persons may approach the trial court against the order of cognizance and make their submissions there. In compliance thereof, they all appeared before the trial court and made their submissions seeking their discharge. Learned trial court, vide order dated 28.1.2013, overturned their submissions and sustained the earlier order of cognizance dated 25.4.2006. This way, there are two impugned orders.
(3.) A bit little backdrop of the case also requires mention. All these accused applicants and others were working in the said mill during the period 1992-95 and during the said period, embezzlement of huge amount of money of rupees sixteen lakhs by way of several irregularities and illegalities was allegedly committed on the part of accused persons. FIR was lodged on 10.10.1995 by Mr. RK Agarwal, Head Accountant against Satyendra Singh, Accountant and Shyam Kumar Sharma, Assistant Accountant. Since Shyam Kumar Sharma died, therefore trial commenced only against Satyendra Singh. After examination of three prosecution witnesses, namely, Allauddin (PW1), RK Agarwal (PW2) and BP Mathur (PW3), two different applications were moved under Section 319 CrPC on 1.1.2006 and 10.1.2006 respectively by the 3 prosecution and the accused, albeit with the same prayer i.e. to summon Sushil Kumar Sharma, Accountant, RK Jain, Deputy Chief Accountant nay Ram Raj Tyagi. Learned Magistrate while disposing of both these applications, summoned all the abovenamed three accused persons and in addition, also summoned five other persons at his own, who are YS Malik, Allauddin, Mahendra Singh, Khem Singh and Kewal Das.;

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