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2007 Supreme(All) 2528

M.K.MITTAL
Vinai Krishna Gaur – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
A. P. Tiwari, Viresh Misra, Pankaj Misra, for Appellant; Sudhir Mehrotra, A. G. A. for Respondents.

ORDER :- This application has been filed under Section 482 Cr.P.C. for quashing the proceedings in Criminal Case No. 1082 of 2001 under Section 409, 420, IPC, P. S. Cantt, District Allahabad, pending in the Court of 5th A.C.J.M., Allahabad along with charge sheet dated 21-12-2000 arising out of the crime No. 126 of 2000.

2. Brief facts of the case are that opposite party No. 2 Sri T. M. Khan, O. S. D, Litigation, High Court, Allahabad, filed a first information report on 28-6-2000 in which it has been alleged that accused applicant was posted as Cashier/Section Officer and Incharge of the Oath Commissioners Coupons (hereinafter referred as Coupons) and defalcated large amount of money to the tune of Rs. 7,87,266.00 from employees welfare fund. In this connections a complaint was made by Sri D. P. N. Tripathi the then Vice President of High Court Ministerial Officers Association, Allahabad on 9-3-1999 to the Registrar alleging that the accused had defalcated a large amount of money from the employees welfare fund. According to this report limited number of Oath Commissioners both officials as well as Advocates were appointed every year for swearing affidavits filed in the writ petit
















































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