STATE OF UTTARANCHAL Vs. DEVI DUTT JOSHI

JUDGEMENT

(1.) BY means of this Writ Petition moved under Article 226 of the Constitution of India, the Petitioners have sought a writ in the nature of certiorari quashing the impugned judgment and order dated 20 -04 -2005 (Annexure -1) passed by Respondent No. 2 in claim petition No. 122/T/02 Devi Dutt Joshi v. State and Ors.

(2.) WE have heard Sri K.P. Upadhyaya, Standing Counsel for the State and perused the record.

(3.) IN the chargesheet three charges were levelled against the Respondent No. 1. The first charge against the Respondent No. 1 was that on 17 -01 -1994, Gram Pradhan, Nargiri recovered 330 pouches of illicit liquor from two persons and handed over the same pouches to the Respondent No. 1. The Gram Pradhan also disclosed the names of the persons to the Respondent No. 1 from whose possession illicit liquor was recovered. However, the Respondent No. 1 did not take any action on the basis of the said report and he did not prepare the Fard of the recovered pouches. He did not submit any chargesheet under the Excise Act before the Court against the said accused. Due to inaction on the part of Respondent No. 1, there was general resentment among the public in the area. It was further alleged in the first charge that on 21 -01 -1994 the aforesaid two persons voluntary caused hurt to Anand Singh and Ramesh Giri of village Chandikhet and later on they were abducted. It was further alleged in the charge that Anand Singh returned to his village on 22 -01 -1994 whereas the other person Ramesh Giri returned at his village in the morning of 23 -01 -1994. Anand Singh and Ramesh Giri specifically disclosed the names of Shri Girish Chandra Kandpal @ Pappu and Alok Tripathi who had voluntary caused hurt to Ramesh Giri and Anand Singh and abducted them. Due to inaction on the part of Respondent No. 1, there was resentment among the public in the said Village and the said resentment resulted in an agitation.