CourtKutchehry.com
High CourtsSingle Bench

Kushlendra Tyagi vs State of Uttarakhand and Narendra Kumar

Uttarakhand High Court · Decided on 11 August 2011 · Citation: (2011) 08 UK CK 0146

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Penal Code, 1860 (IPC) — Section 409
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 680 of 2011
Download PDFAsk AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

4 paragraphs · 192 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the FIR dated 06.07.2011, registered as FIR No. 308 of 2011, relating to offences punishable u/s 409 Indian Penal Code, Police Station Rudrapur, District Udham Singh Nagar.

3.

Petitioner was Revenue Naib Moharrir with Nagar Palika Parishad, Rudrapur. He is a retired man. It is alleged in the FIR that the two receipt books of the Palika shows that the Petitioner during his tenure in service realised Rs. 83,206/-as license fee/tax which was not deposited in funds of the Palika.

4.

Having considered submissions of learned Counsel for the Petitioner, and learned Counsel for the State, and after going through the contents of FIR, and considering the nature of the offence, this Court is not inclined to interfere with the investigation of the case. Therefore, the writ petition is dismissed summarily with the observation that if the Petitioner Kushlendra Tyagi, surrenders before the court concerned his bail application shall be heard and disposed of without unreasonable delay. (Stay application No. 8304 of 2011, also stands disposed of).