PURUSHOTTAM NAUTIYAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD upon the restoration application moved by the applicant Purushottam Nautiyal, whose petition under Section 482 was dismissed in non -prosecution. Alongwith the restoration application, the entire facts on merit have also been brought on record. On perusal of the application, I find that sufficient grounds have been furnished to allow the application. Restoration application is accordingly allowed.

(2.) HEARD on merits of the petition.

(3.) HAVING heard the strenuous arguments of learned Counsel for the Petitioner, it appears that in the outskirts of Mussoorie (Dehradun), there was a vacant abundant land admeasuring more than 17 acres. One Sri Shambhu Prasad Dabral moved an application before the competent officer for allotment of the said land in his favour. Shambhu Prasad Dabral died and his son H.P. Dabral pursued the matter and got that entire land auctioned in his favour for a consideration of Rs. 3,000/ - on dated 18.3.1983. With the passage of time, it was revealed that this huge land has been got auctioned by H.P. Dabral at a throwaway price. The first information report was lodged on 15.1.1999 wherein after the investigation, the chargesheet was submitted against H.P. Dabral. H.P. Dabral moved an application before the C.J.M. praying for his discharge and the then learned C.J.M. of Dehradun after recording his verdict, discharged Sri H.P. Dabral from the offences Under Section 420, 467, 468 and 120B IPC on dated 21.3.2001.