P.K.Srivastava vs State Of U.P. And Another on 12 January, 2010

Allahabad High Court
P.K.Srivastava vs State Of U.P. And Another on 12 January, 2010
Court No. - 45

Case :- APPLICATION U/S 482 No. - 33812 of 2009

Petitioner :- P.K.Srivastava
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Siddhartha Srivastava
Respondent Counsel :- Govt.Advocate

Hon'ble Vijay Kumar Verma,J.

Heard Sri Siddartha Srivastava, Advocate, appearing on behalf of the
applicant and AGA for the State.

The submission made by learned counsel for the applicant is that the amount
in question was entrusted to Sri Govind Srivastava and not to the applicant
and hence the offence under Section 406 IPC is not made out against the
applicant, as no money was entrusted to him.

Issue notice to the opposite party no. 2. Notice on behalf of the State has been
accepted by the AGA. Both the opposite parties may file counter affidavit
within 8 weeks.

List in the week commencing 22.3.2010 before appropriate Bench.

Till the next date of listing, further proceedings of Case No. 1583 of 2009
arising out of Case Crime No. 125 of 2009, under Sections 406, 420 & 506
IPC, Police Station Nawab Gunj, District Kanpur Nagar, pending in the court
of IX Metropolitan Magistrate , Kanpur shall remain stayed.

Order Date :- 12.1.2010
RS.

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