IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 372 of 2007 (under Section 482 Cr.P.C) Manoj Kumar. ……….Applicant. Versus State of Uttarakhand and another. ....…. Respondents Present : Sri R.K.S. Verma, Advocate for the Applicant. Sri Nandan Arya, AGA for the State. None turns up on behalf of respondent no. 2. Hon’ble Servesh Kumar Gupta, J. 1. Having heard learned counsel for the parties, it appears that a criminal complaint was filed by one Kali Ram (respondent no. 2) against B.L. Kashyap & Sons Company and General Manager, Hero Honda. Learned Magistrate, having gone through the statements under Section 200 and 202 Cr.P.C., took cognizance in the matter and issued summons to both, as mentioned above, for the offence under Section 323, 427 IPC. 2. This petition under Section 482 Cr.P.C. was filed by one Manoj Kumar, son of Mahabir Singh, saying himself to be the legal adviser of both the accused. This Court while admitting the petition on 19.06.2007, stayed the impugned order on the ground that specific names of the persons allegedly committed the ‘maar peet’ or mischief are not mentioned in the complaint. The observation of the Court may be apt to weigh the impugned order but at the same time, this is also worthy to be considered that petitioner (Manoj Kumar), who claims himself to be the legal adviser, duly authorized by B.L. Kashyap and Company as well as General Manager, Hero Honda cannot acquire the status of the accused persons and by 2 no stretch of imagination, he has any authority to file the petition challenging the criminal proceedings pending in the court below. All the same, argument of the learned counsel for the petitioner that learned Magistrate has not taken cognizance against any specific person may be acceptable provided the same has been challenged by B.L. Kashyap and Company and General Manager, Hero Honda. So this petition is devoid of merits and liable to be dismissed on the ground of not being presented by proper person. The petition is accordingly dismissed with liberty to be filed appropriately. (Servesh Kumar Gupta, J.) 14.11.2011 SKS 3