SANJAY KHERA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for applicant and learned A.G.A.

(2.) ACCUSED -applicant is involved and detained in Case Crime No. 1336 of 1992, under Sections 406, 420, 467, 468, 471 and 120 -B IPC, P.S.Hazratganj, district Lucknow. Sri Gaurav Bhatia, learned counsel appearing for applicant would submit that FIR was lodged in year 1992 and charge -sheet was submitted in year 1995 but applicant was neither named in the FIR nor in the charge -sheet. After 16 years, applicant has been arrested. Applicant was merely an authorized signatory on behalf of M/s Kanpur Fats Pvt. Ltd., as such no criminal liability can be fastened on him. He further submits that Directors of the company took loan from Pradeshiya Industrial and Investment Corporation of U.P. (PICUP) for establishing M/s Kanpur Fats Pvt. Ltd.

(3.) HE further submits that applicant is in jail since 2nd February, 2011. The offence is triable by Magistrate I Class. Learned A.G.A. Sri R.K.Dwivedi opposed the bail assisted by Sri R.K.Swarankar, Superintendent of Police, who is Investigating Officer, EOW, State of U.P.