PRATAP NARAIN KUREEL Vs. STATE

JUDGEMENT

(1.) By means of this application under Sec. 482 of the Code of Criminal Procedure the applicant has prayed that the charges framed against him by the learned Magistrate be quashed.

(2.) The applicant is a lawyer practising at Lucknow. The learned Magistrate framed no less than 8 charges. The first charge is that the applicant in conspiracy with one Ram Autar, with a view to cheat the Land Acquisition Officer. withdrew a sum of Rs. 79,269.78 p. compensation payable to Jagdish Chandra Joshi, a claimant for compensation with respect to certain plots. The charge further is that the applicant fraudulently and dishonestly opened and operated an account in the name of Jagdish Chandra Joshi and he dishonestly and fraudulently attested the forged signature of Jagdish Chandra Joshi. It is not necessary to refer to the other charges as, in my opinion, the reference to the first charge is enough for the purposes of the present application.

(3.) Amongst other submissions, learned Counsel for the applicant has urged that since action had been taken by the Bar Council of Uttar Pradesh against the applicant in proceedings under the Advocates Act and he had been debarred from practice for some time, the prosecution of the applicant in the criminal court is hit by Article 20 of the Constitution. This argument has to be rejected as stated. The other submissions touch the merits of the case. I am deliberately refraining from giving my opinion on the said submission as the same may adversely affect the interest of the applicant at the trial.