GOBARDHAN Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. This is a petition under Section 482, Cr. P. C. to quash the proceedings of Criminal Case No. 293 of 1999, State v. Gobardhan under Section 409, I. P. C. pending in the Court of IVth Additional Civil Judge (Junior Division), Mirzapur.

(2.) THE quashing of the proceedings have been requested on two grounds. THE first ground is purely legal for which learned Counsel has relied on the decision of the case of Raj Deo Sharma v. State of Bihar, 1998 (37) ACC 834: 1999 (1) JIC 131 (SC ).

(3.) THE perusal of the direction given in the case of "common Cause" by the Hon'ble Supreme Court shows that these directions docs not apply to the cases of misappropriation of public fund. THEre fore, the decision of Raj Deo Sharma (supra) will also not apply to the offence under Section 409, I. P. C. as the direction given in this case is without prejudice to the directions given in the case of "com mon Cause'1. If otherwise the view is taken it will prejudice the directions given in the case of "common Cause".