UDYAG SHUKLA Vs. SESSIONS JUDGE NAINITAL

JUDGEMENT

(1.) This petition under Section 482, Cr. P. C. has been filed by the petitioner, Udhyag Shukla for quashing the proceedings in Session Trial No. 37 of 1999 pending in the Court of Sessions Judge, Nainital under Sections 384, 420 of I. P. C. and Section 9 of Prevention of Corruption Act.

(2.) Brief facts of the case are that the petitioner has formed a society in order to save the pollution of the environment and the name of that society is "Society For Nature, Environment and Humanity" popularly known as "SNH".

(3.) According to the petition, number of people of Nainital informed the applicant/ petitioner about the illegal felling of the trees in large scale and the petitioner on his own information confirmed that news and approached the local authorities for taking action against the responsible persons. The illegal felling of trees was being done in an area of about 14 acres of land at Sona Pani Estates situated at Satauni Village of district Nainital which was purchased by Maharshi Vadic Construction and Maharshi Medical Corporation Pvt. Ltd. As no action was taken by the local authorities, therefore, the petitioner decided to report the matter to State Government. Meanwhile, the then Chief Secretary visited Nainital and the petitioner with the delegation approached him with a complaint in writing. The Chief Secretary thereafter asked the District Magistrate to enquire into the matter. The Deputy Divisional Forest Officer was required to conduct the enquiry along with Tehsildar, Nainital. After the enquiry was conducted a report in this regard was submitted.