Himachal Pradesh High Court
Makholi Ram vs State Of Himachal Pradesh And Others on 4 October, 2018
Bench: Sanjay Karol, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
CWP No.1907 of 2018 Date of decision: 04.10.2018 Makholi Ram .... Petitioner.
Versus State of Himachal Pradesh and others .... Respondents.
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.
The Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Pushpinder Kumar, Advocate, vice, Mr. K.B. Khajuria , Advocate.
For the Respondents : Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Senior Addl. A.G., Mr. J.K. Verma and Ms. Ritta Goswami, Addl. A.Gs. for the State.
Mr. T.S. Chauhan, Advocate for R-6 and R-7.
Sanjay Karol, Acting Chief Justice (Oral) Petitioner has prayed mainly for the fo llowing reliefs:-
i) That the respondents may kindly be directed to take action against the private respondents, who have acted against the Panchayati Raj Act/Rules, in the interest of justice and fair play.
Whether reporters of Local Papers may be allowed to see the judgment?
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ii) That the Superintendent of Police, Chamba be directed to complete the .
investigation in the matter forthwith and the persons, who have mis-utilized the public funds, they be brought to the books and action be initiated against them in accordance with law.
iii) That the departmental action be ordered to be initiated against the officials of the Panchayati Raj Department who have failed to discharge their official duties sitting over the complaint of the petitioner for more than one and half years."
2. Learned counsel for private respondents seriously disputes the averments made in the writ petition, clarifying that the work in question stood executed much prior to the election of private respondents No.6 and 7, namely, Shri Jagdish Chand and Shri Surender Kumar, respectively.
3. Mr. Ajay Vaidya, learned Sen ior Additional Advocate General, submits that the present petition can be disposed of in view of the response filed by the Superintendent of Police, Chamba, District Chamba (respondent No.4), wherein it stands clarified that ::: Downloaded on - 05/10/2018 22:58:01 :::HCHP ...3...
post registration of FIR No.79/2017 dated 3.10.2017, under Section 420 of the India Penal Code at Police .
Station, Bharmaur, District Chamba, the investigation stands completed and the Challan with respect thereto shall be filed immediately. His statement is accepted and taken on record.
4. In view of the same, learned counsel for r to the petitioner, under instructions, does not press the present petition. Accordingly, the petition stands disposed of, reserving liberty to the petitioner to approach the appropriate authority, if so required and desired.
Pending application(s), if any, shall also stand disposed of.
(Sanjay Karol),
Acting Chief Justice
(Sandeep Sharma ),
October 4, 2018 (KS) Judge.
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