RAJEEV SHARMA Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) MR . Naresh Pant, Advocate, present for the applicant. Mr. S.S. Adhikari and Ms. Mamta Joshi, learned Brief Holder, present for the State/respondent No. 1.

(2.) IN pursuance of the orders of the learned Chief Judicial Magistrate, Pauri Garhwal dated 11.03.1999 on an application moved by the applicant under Section 156(3) of Cr.P.C. an F.I.R. under Case Crime No. 33 of 1999 for the offence under Sections 406/420 of I.P.C. at Police Station Kotdwar, District Pauri Garhwal, was lodged by certain officers of U.P. Financial Corporation, inter alia, against the respondent Nos. 2 to 5, in which the police after investigation ultimately filed final report, which was accepted by the learned Additional Chief Judicial Magistrate, Pauri Garhwal vide order dated 05.07.2000. Thereafter, a Criminal Revision No. 19 of 2001, was filed by the U.P. Financial Corporation, which was allowed vide order dated 14.12.2001, and the matter was remanded back to the Chief Judicial Magistrate, Pauri Garhwal. Aggrieved, the respondent Nos. 2 to 5 filed a Criminal Revision No. 11 of 2002, in which the order dated 14.12.2001, was stayed by this Court vide order dated 13.03.2002, which was ultimately dismissed as withdrawn on 27.08.2007.

(3.) THE order of the trial court as well as the revisional court have been perused.