LAWS(UTN)-2009-11-58

SARFRAJ Vs. STATE OF UTTARAKHAND

Decided On November 18, 2009
SARFRAJ Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard at length Mr. Manish Arora, learned counsel for the petitioner and Mr. S.S. Adhikari, learned A.G.A. for respondent no. 1.

(2.) Learned counsel for the petitioner argued that no offence under Sections 406/411 IPC has been made out and without any recovery Inquiry Officer has wrongly filed chargesheet under Section 411 IPC.

(3.) Mr. Adhikari states that from the contents of the FIR it can be a case of Section 420 I.P.C., if not of Section 406 I.P.C. However, he fairly stated that Section 411 IPC prima facie seems to have been wrongly invoked. 2