RAM SARAN NUTIYAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) learned counsel for the revisionist and learned A.G.A. and perused the record.

(2.) This is a criminal revision against the order dated 10-12-1998 passed by Sri Ahmad Shamim, the then Special Judge, Gangsters & Anti-Sopial Activities (Prevention) Act, Garhwal Mandal, Dehradun.

(3.) The facts relating to this revision, in brief, are that respondent No. 2 Lata Gupta filed a complaint before the Speqlal Judge u/S. 2/3 of the U.P. Gangsters & Anti-social Activities (Prevention) Act. against the revisionist, Harish Sehgal, Harbans Kapoor M.L.A., Dehradun, Vinod Chamoli and Surendra Agrawal with the allegations that there is a registered educational trust in the name of "Guru Ram Das Educational Trust" (for short-the "trust") which runs Guru Ram Das Academy since 1989 at 214-Rajpur Road, Dehradun. The trust has its property at 210, Rajpur Road, Dehradun 'And is the owner and in possession thereof. The accused persons are influential persons and have formed a gang of land Mafias and are indulging in grabing the lands. The accused persons are connected with politicians. On 2-12-1998 at about 12 noon the accused persons along with hundreds of persons raided the premises of the trust and after breaking open the lock of the school, indulged into marpeet with the guards. They also threw the belongings of the school children from their rooms and indulged into rioting. Some of the rioters led by the accused persons were drunken. The matter was brought to the notice of the police but the police did not do anything. The complainant prayed that the matter may be enquired into by the C.B.I.