PARPATI MANKANI Vs. SATTE OF UTTARAKHAND

JUDGEMENT

(1.) AT the outset, it is relevant to mention here that the petition titled above was dismissed by this Court on 23.12.2009 and after a considerable delay of as many as 863 days, a restoration application along with delay condonation application has been filed by the petitioners. Learned counsel for the petitioners is ready to argue the matter instantly, so in the interest of justice, delay condonation application as well as restoration application is allowed. Petition is restored to its original number. This Court has rendered hearing to learned counsel for both the parties.

(2.) BY means of this petition, a prayer has been advanced to quash the proceedings of criminal case no. 31 of 2004 titled as State Vs. Km. Parpati Mankani and another, wherein accused petitioners have been asked to stand trial for the offence under Section 417, 420, 506, 406 IPC.

(3.) MR . Agarwal when felt that amount has been grabbed by the petitioners, he lodged an FIR on 23.12.2000 (Annexure no. 4 to the petition) pertaining to crime no. 8 of 2000. Since the matter was of Hill area, the investigation was done by Patwari / Lekhpal (in the Hill areas revenue officials of lower strata are entrusted with police powers) who submitted the final report on 11.04.2001.