ARVIND KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present C482 application has been filed by the applicant for setting aside the order dtd. 7/12/2013, passed by learned Additional Chief Judicial Magistrate, Kotdwar, Pauri-Garhwal in Misc. Criminal Case No.116 of 2013, Arvind Kumar Vs. Mahipal Singh, under Ss. 166, 167, 218, 219, 220, 342, 384, 420, 468, 471 and 506 of IPC registered at Police Station Kotdwar, Pauri-Garhwal and judgment and order dtd. 14/7/2014, passed by learned Additional District and Sessions Judge, Kotdwar, Pauri-Garhwal in Criminal Revision No.46 of 2013, Arvind Kumar Vs. Mahipal Singh.

(2.) The facts in brief are that the applicant on 11/7/2011 was arrested for offences under Sec. 420, 468, 470 and 471 of IPC, when son of the applicant was informed about the arrest he reached the concerned police station where he met respondent no.2 who allegedly demanded gratification of around Rs.1,50,000.00 stating that if he is paid such an amount he will not oppose the bail application of the applicant and also will not press for rejection of bail application. It is further alleged that respondent no.2 threatened the son of the applicant that if he does not meet the demands of respondent no.2 he will also implicate him under N.D.P.S. Act, 1985. The applicant lodged a complaint with the aforesaid allegations in the court of learned Additional Chief Judicial Magistrate, Kotdwar, Pauri-Garhwal, who after recording the statements of the witnesses dismissed the complaint vide order dtd. 18/10/2013. Aggrieved by the said order the applicant preferred a revision in the court of Additional Sessions Judge, Kotdwar, Pauri-Garhwal, who vide order dtd. 14/7/2014 dismissed the revision thereby upholding the order passed by Trial Court.

(3.) Learned counsel for the applicant submits that both the courts below have committed grave irregularity and illegality in passing the impugned orders as inspite of the prima facie case against the respondent no.2 the trial has not proceeded against him.