LAWS(UTN)-2023-10-55

KANTI RAM JOSHI Vs. STATE OF UTTARAKHAND

Decided On October 30, 2023
Kanti Ram Joshi Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Present Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail under Sec. 409 of the Indian Penal Code, 1860 in connection with the Case Crime No. 20 of 2019 (Criminal Case No. 2 of 2023), registered at police station New Tehri, District Tehri Garhwal.

(2.) As per the prosecution case, present applicant was posted on the post of District Social Welfare Officer, Tehri Garhwal from the year 2010 to 2013. During his tenure, he misused Rs.7,00,420.00 by organizing departmental camps against the rules. Upon conclusion of the investigation, a closure report was filed by the Investigating Officer. One Mr. S.K. Singh, an Advocate, filed a protest petition before the concerned Magistrate. An application was moved by the informant-Avinash Singh Bhadoriya, District Social Welfare Officer, Tehri Garhwal that he had no objection in accepting the closure report.

(3.) After perusing the case diary, the Chief Judicial Magistrate, Tehri Garhwal took cognizance of the offence under Sec. 409 IPC against the present applicant while rejecting the closure report. Charge was framed. Examination-in-chief of the informant-Avinash Singh Bhadoriya (PW1) is going on.