LAWS(ALL)-2008-4-176

RAM KISHAN Vs. STATE OF U P

Decided On April 18, 2008
RAM KISHAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) COMPLAINANT Satish Kumar Dubey, arrayed as opposite party No. 2 in Crl. Misc. Application No. 26431 of 2007 has filed Criminal Misc. Recall Application No. 265084 of 2007 for recall of the order dated 31.10.2007 passed by Hon'ble S. S. Kulshrestha, J. in the above Criminal Misc. Application No. 26431 of 2007, Ram Kishan v. State of U. P. and another.

(2.) THE facts relevant for disposal of this application are that Sri Satish Kumar Dubey had moved an application before the S. S. P. Ghaziabad on 17.6.2006 against the accused Ram Kishan (applicant in Criminal Misc. Application No. 26431/07) and co-accused Damodar Das, Suresh Chand Dobariyal, P. K. Banerji, K. C. Dobariyal and K. K. Kaushik with these allegations that he is a member of 'Vartalok Sahkari Samiti Vasundhara', P.S. Indirapuram District Ghaziabad and the accused are office bearers of that society. He and other members of that Society had deposited approximately rupees one crore in respect of their Flats and they had details of those deposits with them. However, upon inquiry made from the authorities of the Housing Board they came to know that no amount had been deposited by the Society with the Housing Board and in spite of repeated requests, these office bearers of the society were not executing any sale deed in favour of their members nor they were depositing the amount with the Housing Board, nor they were giving any satisfactory reply, and, in this way, they had committed criminal breach of trust in respect of that amount of one crore rupees and they were getting the flats released from the Housing Board on the basis of fictitious documents. It was, therefore, prayed that action should be taken in the matter against the accused persons.

(3.) IT is apparent from perusal of the above order that the prayer for quashing of the charge-sheet was refused on merits but it was directed that if the applicants appear or surrender before the Court on or before 21.9.2007 and move an application for bail, the same shall be disposed of as expeditiously as possible, and if possible on the same day by both the courts below, after giving opportunity of hearing to the prosecution and execution of non-bailable warrant was directed to be stayed till 21.9.2007 to enable the applicants to appear before the trial court and to apply for bail. IT was further ordered that in case of default, property of the applicants shall be attached forthwith.