STATE OF U P Vs. HAZARI LAL GUPTA

JUDGEMENT

(1.) THESE appeals have been preferred by the State against the acquittal of respondent Hazari Lal Gupta for offences under section 409 IPC. Since the evidence was recorded in respect of the trials in the same trial and they have been disposed of by the consent of the parties by the same judgment the appeals have been heard together.

(2.) BHADOHI town in Varanasii district manufactures woollen carpets and these carpets are also exported to foreign countries. Firm Messrs Narottam Das and Sons whose proprietor is Bechu Lal, Firm Babu Nandan Rameshwar Prasad of which the proprietor is Rameshwar Prasad, Firm Mehi Lal and Co. of which the proprietor is Triloki Nath and Firm Domestic Carpet Co. of which Raghunath Prasad is the partner and Firm B. S. Carpet Co. of which he is the Manager, deal in woollen carpets at BHADOHI.

(3.) INVESTIGATION of the case was entrusted to Sri P. P. Misra, Inspector, CID, U. P. under the orders of the S. P., E. CO. I. (CID) after it was investigated in the initial stage by the local Police. The respondent was arrested. In the course of the investigation he recorded statements of Raghunath Prasad, Rameshwar Prasad, Bechu Lal and Triloki Nath and other witnesses. He also sent papers for the sanction of the prosecution of the respondent by the High Commissioner/Political Agent. He had ultimately obtained their sanctions. The cases were instituted after the sanction of the Political Agent and High Commissioner for India was obtained.