Allahabad High Court
Ashok Kumar Jain,Field ... vs State Of U.P. & Another on 16 July, 2010
Author: Vinod Prasad
Bench: Vinod Prasad
Court No. - 54 Case :- APPLICATION U/S 482 No. - 23138 of 2010 Petitioner :- Ashok Kumar Jain,Field Officer(Agricul),S.B.I. Respondent :- State Of U.P. & Another Petitioner Counsel :- Jayont Banerji Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and the learned A.G.A. The applicant, through the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with the prayer that the proceeding of criminal case no. 176 of 2010, under Sections 420, 406, 409, 504 and 506 I.P.C., P.S. Rasulabad, District Kanpur Dehat. It is contended by learned counsel for the applicant that a dispute of hypothetical suppositions has been dragged into criminal offence and the police without proper investigation charge sheeted the applicant. It is submitted that the applicant is a Field Officer (Agriculture) in State Bank of India. Therefore, the entire prosecution is tainted with malafides intention as whatever he had done was disclosed of his duties. Issue notice to respondent No. 2 returnable within three weeks. Learned AGA as well as respondent No. 2 may file counter affidavit within the aforesaid period.
List this case in the week commencing 20.09.2010 before the appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid criminal case no. 176 of 2010, under Sections 420, 406, 409, 504 and 506 I.P.C., P.S. Rasulabad, District Kanpur Dehat shall remain stayed against the applicant. Order Date :- 16.7.2010 F.H.