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Lal Prabhat Chandra v. State Of U.P. & Others - SPECIAL APPEAL DEFECTIVE No. 603 of 2006 [2006] RD-AH 14965 (31 August 2006)


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Hon'ble Ajoy Nath Ray, CJ.

Hon'ble Ashok Bhushan, J.

We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice Rakesh Tiwari on the 11th of July, 2006. The appellant fills two other capacities, that of an accused and that of the writ petitioner.

For the purpose of preventing the recovery of the allegedly embezzled amount as land revenue, he came to the Court for the purpose of quashing or staying the order of the District Inspector of Schools passed on the 18th of May, 2006.  An interim order has been granted in his favour on condition that he deposit the amount of Rs.72,339/-.

Mr. Trivedi, learned Senior Counsel appearing for the appellant submits that the embezzlement of this very amount is in issue in the criminal trial.  We are quite clear in our minds that even the payment in deposit of this money will not necessarily mean that the accused is bound to be held guilty. In any event, we order that none of order or observations either of the Court of appeal or of the first Court will in any manner prejudice the criminal trial, and we also order that no evidence shall be given of this proceeding in the criminal trial while it is in progress.

Our orders and observations are without prejudice to the rights and contentions of the parties also in the writ. If the amount is deposited, as ordered in the Court below, it will be kept in a separate interest bearing account, so that if and when the writ petitioner is successful in litigation, he might claim back the money together with interest.

Subject to the above observations, this appeal is dismissed.




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