RAKESH KUMAR Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Considering the grounds stated in the accompanying affidavit, restoration application (MCRC 715/2012) is allowed. Order dated 29.8.2012, passed by this Court, is recalled. Petition is restored to its original number.

(2.) Heard learned Counsel for the parties on the merits of the case. Also perused the papers on record.

(3.) It appears that an FIR was lodged by Murtkeem (respondent no. 2), who possesses some agricultural land in village Khatka within the territorial jurisdiction of Police Station Kotwali Roorkee, District Haridwar. This FIR was lodged against Ratan Singh and Rakesh Kumar. At the relevant time, Ratan Singh was working as Kanoongo and he was also performing the duties of consolidation official, while another accused Rakesh Kumar was Village Pradhan of Toda Kalyanpur. It has been alleged in the FIR that in village Toda Kalyanpur, where the land of Mr. Murtkeem was situated, the consolidation work was underway. In pursuance of that work, Ratan Singh asked Mr. Murtkeem to pay some monetary consideration in lieu of correct measurement of his agricultural plots. Mr. Murtkeem approached the Village Pradhan Rakesh Kumar for his advice, who was in conformity with the demand of Ratan Singh. So, Mr. Murtkeem was constrained to give money for the said work. He, accordingly, gave rupees three thousand to Mr. Ratan Singh at the residence of Village Pradhan Rakesh Kumar. Few months thereafter, Murtkeem again gave Rs. 19,500/- to Mr. Rakesh Kumar. Accused persons, even after taking this much amount of money from Murtkeem, did not do the desired work. So, an FIR was lodged. Investigation ended into submission of chargesheet, whereupon learned Magistrate took cognizance on 11.2.2009 and asked Ratan Singh and Rakesh Kumar to stand trial for the offence under Prevention of Corruption Act.