MANOJ PRABHAKAR Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2001-11-6
HIGH COURT OF UTTARAKHAND
Decided on November 26,2001

MANOJ PRABHAKAR Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

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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