PRAMOD KUMAR SAXENA Vs. STATE

JUDGEMENT

(1.) BY this petition under Section 482 CrPC Pramod Kumar Saxena son of C. S.Saxena, resident of 147, Sabitganj, police station Kotwali, Etawah, has prayed for the following reliefs : (1) That the charge-sheet and the subsequent criminal proceedings pending in the Court of Chief Judicial Magistrate, Etawah, as Case no. 74 of 1985 under Section 409 IPC, be quashed ; (2) That the application moved by the petitioner to implead G. R. Chaturvedi, Branch Manager, as an accused be disposed of, and (3) That the further proceedings in the pending case mentioned above, be stayed.

(2.) IT is alleged in paragraph 8 of the affidavit that petitioner has moved an application under Section 319 CrPC that G. R. Chaturvedi be impleaded as accused. That application has not been decided and is pending. The learned Magistrate is, therefore, directed to dispose of that application by a speaking order at an early date.

(3.) THE other argument advanced by learned counsel for the petitioner is that since the complainant has filed a civil suit for accounting the Complaint should be quashed. This cannot be accepted. A civil suit for accounting raises different points for consideration while the complaint mentions entrustment of the amount by different depositors and its misappropriation by the accused. Both the two matters are different. Peradency of a civil litigation does not bar trial of the petitioner for an offence alleged to have been committed by him. With this observation the petitions is disposed of.