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2024 Supreme(Online)(UT) 4415

HIGH COURT OF UTTARAKHAND
JARNAIL SINGH – Appellant
Versus
STATE OF UTTARAKHAND THROUGH THE SECRETARY HOME AFFAIRS GOVERNMENT OF U.K. DEHRADUN – Respondent


Advocates:
Mr. Aditya Singh, Ms. Manisha Rana Singh, Mr. Harshit Sanwal

JUDGMENT

Hon’ble Ravindra Maithani, J.(Oral)

Since common questions of law and fact are involved in both these petitions, they are decided by this common judgment.

2. The challenge in these petitions is made to the summoning order dated 29.02.2020, passed in Special Sessions Trial No. 4 of 2020, State vs. Balwant Singh and 17 others, under Sections 420, 465, 467, 468, 471, 474, 120B, 34 IPC and Section 8/9 of the Prevention of Corruption Act, 1988 by the court of District and Sessions Judge/Special Judge, Prevention of Corruption Act, Nainital (“the case”) as well as the entire proceedings of the case.

3. Heard learned counsel for the parties and perused the record.

4. The case is based on an FIR No. 32 of 2017, under Sections 120B, 167, 218, 219, 34, 409, 420, 465, 466, 467, 468, 471, 474 IPC Police Station Pant Nagar, District Udham Singh Nagar. According to it, the land was to be acquired for expansion of National Highway. The land owners in collusion with the Revenue Officers got declaration under Section 143 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (“the Act”) without any basis by forgery. It is this FIR, in which after investigation, charge sheet has bee

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