ANAND SINGH DHAMI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The facts and questions of law in both the petitions are common, therefore, both are taken together and disposed of by this common judgment.

(2.) Petitioners challenge the proceedings of Criminal Case No. 954 of 2008 (State Vs. Head Constable 44AP Harish Chandra) under Sec. 409 Penal Code pending in the court of Chief Judicial Magistrate, Pithoragarh and order dated 30.04.2012 passed by Chief Judicial Magistrate, Pithoragarh summoning the petitioners under Sec. 319 CrPC.

(3.) An FIR was lodged on 06.03.2008 under Sec. 409 Penal Code against Head Constable Harish Chandra, Police Line Pithoragarh by Deputy Superintendent of Police, Police stating therein that while new uniforms were issued to the police personnel but used and condemned uniform were not received back. Had the used and condemned uniforms auctioned, it would have fetched Rs. 41,849.00 in favour of police department. Due to negligence of accused, police department suffered such loss. Charge-sheet was filed and trial was proceeded. During the course of trial, on the basis of evidence available on record, learned Magistrate summoned the petitioners under Sec. 319 CrPC.