Uttarakhand High Court
Unknown vs 2019 on 25 March, 2022
Author: Ravindra Maithani
Bench: Ravindra Maithani
C-482 No. 371 of 2022 Hon'ble Ravindra Maithani, J.
Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Shubhang Dobhal, Advocate for the petitioner.
Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State.
The challenge in this petition is made to the proceeding of the Criminal Case No.30 of 2022, State vs. Deep Chandra Joshi and others, under Section 420, 467, 468, 471, 120-B IPC, pending in the court of Chief Judicial Magistrate Champawat (for short, "the case").
Heard learned counsel for the parties and perused the record.
Learned Senior Counsel for the petitioner would submit that, in fact, the petitioner did not commit any offence; he was working as a stop- gap arrangements; documents were produced before him by the Finance Officer of the concerned office as well as by the subordinate responsible officers; he simply performed his duties; in the departmental inquiry he has been exonerated. Reference has also been made to an order passed by this Court in Criminal Writ Petition No.489 of 2019 on 01.10.2019.
Having heard, this Court is of the view that this matter definitely requires deliberation.
Issue notice to the respondent no.2, returnable within three weeks.
Till the next date of listing, the proceedings of the court below qua the petitioner shall remain in abeyance.
(Ravindra Maithani, J.) 25.03.2022 Sanjay