Court No. - 49 Case :- APPLICATION U/S 482 No. - 25027 of 2010 Petitioner :- Shri Bachchu Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Vinod Kumar Agarwal Respondent Counsel :- Govt.Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned AGA for the State.
It is contended by learned counsel for the applicant that neither the allegations
made in the First Information Report nor the material collected during
investigation disclose the ingredients of any offence against the applicant. The
only allegation which has been made against him is that the deposits made in
the Society by the farmers were received by him. It is further contended that
no overt act of misappropriation or embezzlement has been attributed to the
applicant and the entire allegations of misappropriation and embezzlement
have been made against the Secretary of the Society, Shri Kishan Singh.
Considering the submissions made and the facts stated this Court is of the
view that the matter requires consideration upon receiving response from the
opposite parties.
Notice on behalf of opposite party No.1 has been accepted by learned AGA.
Issue notice to opposite party No .2 returnable within three weeks.
Learned AGA prays for and is allowed four weeks time for filing counter
affidavit. The opposite party No. 2 may also file counter affidavit within the
same period.
List this case on 22.9.2010.
Till the next date of listing, no coercive action shall be taken against the
applicant in Case No. 2703 of 2002 now case No. 823 of 2009 arising out of
Case Crime No. 190 of 2000, under Sections 409, 420, 402 IPC P.S.
Vrindaban, District Mathura pending before Additional Chief Judicial
Magistrate, Court No. 1, Agra shall remain stayed.
Order Date :- 5.8.2010
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