MANOJ PRABHAKAR Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
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P C.VERMA, J. -
(1.)HEARD Sri Rakesh Dwivedi and V.B.S. Negi learned Senior Advocate for applicant as well as Sri U. K. Uniyal learned Government Advocate.
(2.)ACCORDING to learned counsel for the applicant, arrests of other Directors of the Company have been stayed in various petitions filed at Lucknow. The applicant has been alleged to be Proprietor and that is why he has been implicated for the offences under Sections 420, 406 and 471 IPC. On merits if the matter is scrutinized, the applicant by all norms will get acquitted.
On the other hand, the learned Government Advocate submitted that the offences are serious in nature. The applicant induced the people and the Company has usurped the money of the public. Therefore, clear cut offences are made out to attract the provisions of Sections 420, 406 and 471 IPC.
(3.)MATERIAL on record reveals that the applicant did motivate the public to invest with the company. But there is nothing on record to show that the applicant conspired with the Proprietor, Managing Director and Director of the Company in siphoning out the money of the Company and thereby committed offence for which he has been accused.
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