1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 919 of 2005 Durgesh Kumar Saxena and another ……..Applicants Versus State of Uttaranchal and another ….Respondents. Present: Mr. Jagjit Singh Virk, Advocate for the applicants. Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no.1. Date of Decision: 17.09.2010 Hon’ble Sudhanshu Dhulia, J. (oral) Heard Mr. Jagjit Singh Virk, Advocate for the applicants as well as Mr. Nandan Arya, learned Assistant Government Advocate for the State. This Criminal Misc. Application under Section 482 of Cr.P.C. has been filed by the applicants against the proceedings initiated against them under Sections 409, 420/34, 467, 468, 471 I.P.C. in Special Sessions Trial No. 11 of 2002 State Vs. Daleep Singh and others pending before the court of Special Judge (Anti Corruption)/ Additional Sessions Judge (2nd F.T.C.) Nainital. Learned counsel for the applicants’ states that since the applicant are not public servants, no offence is made out against them under Section 409 IPC. However, this submission made by counsel for the applicants is not entirely correct inasmuch as an offence under Section 409 IPC can be made out not only against the public servants but also in the way of his business as a banker, merchant, factor, broker, attorney or agent. Counsel would further argue that there is no evidence against the applicants. Prima facie there is substance in the argument of the counsel for the applicants. Therefore for the present applicants though the trial will go on against them under all other sections except Section 409 IPC. It is further made clear that at any stage if the trial court feels that the applicants have committed offence under Section 409 IPC, it can take cognizance in accordance with the provision of Cr.P.C.. With these observations, present C-482 application is partly allowed and disposed of accordingly. No order as to cost. Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J) 17.09.2010 kuldeep