TULA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners have filed this petition against the judgment dated 16.7.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Chamba in Criminal Revision No. 8/2008 modifying the order dated 19.5.2008 passed by the learned Judicial Magistrate 1st Class, Chamba in Criminal Miscellaneous No. 3-IV/99.

(2.) The facts, in brief, are that the petitioners had filed an application for initiation of legal proceedings against erring officials and to handover the case property along with Rs.1000/-to the petitioners. It has been alleged that criminal case No. 44-II/81. 3-3/81 was decided on 31.5.1983. The police during the investigation had taken into possession timber from one Mussadi Ram father of petitioners which was handed over to the Forest Department, Churah Forest Division on spurdari. Mussadi Ram was acquitted and the case property was ordered to be returned to Mussadi Ram. The judgment passed by the learned trial Court was upheld by the High Court and the Supreme Court.

(3.) Mussadi Ram had died in the year 1993. On 17.3. 1998 the petitioners had approached the concerned Divisional Forest officer, Churah for handing over the case property and Rs. 1000/- which was ordered to be released in favour of Mussadi Ram, but the concerned official has not returned the case property. It appears case property has been mis-appropriated, in these circumstances the application was filed.