HARPAL SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Having heard learned counsel for the revisionist as well as learned Brief Holder on behalf of the State, it transpires that pursuant to the first information report lodged on 15.5.2013 at 8.30 PM, a chargesheet was submitted on 28.11.2014 against co-accused Surat Singh @ Suraj for the offences of Section 7(13)(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter will be referred as 'the Act'), who, at the relevant time, was posted as a Forest Guard in Rajaji National Park, Haridwar.

(2.) An additional chargesheet was also submitted in the matter on 21.07.2015 against the present revisionist Harpal Singh viz. almost after nine months of the previous one. Mr. Harpal Singh, who, at that time, was posted as a Forester and was approaching the age of his retirement, was challaned for the selfsame offences of the Act with the aid and assistance of Section 120-B IPC.

(3.) The backdrop of submission of these two charge-sheets seems to be that one Mr. Rajesh Giri was un-authorizedly running a shop in the area of national park and he was asked by Mr. Harpal, the Forester (revisionist, herein), to remove his vending place from the spot. While the all out efforts made against Mr. Giri could not yield any result, then Mr. Harpal Singh filed a complaint against the former in the Court of Magistrate under the appropriate sections of Forest Act and Wildlife Act, wherein, Mr. Surat Singh, Forest Guard and Mr. Samunder Singh, Beat Officer, were the witnesses.