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2007 Supreme(SC) 1519

ARIJIT PASAYAT, TARUN CHATTERJEE
Didigam Bikshapathi – Appellant
Versus
State of A. P. – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court, dismissing the petition filed by the appellants under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Code’). Prayer was to quash the proceedings in SC No.498 of 2001 on the file of VII Additional Metropolitan Sessions Judge, Hyderabad, initiated against them for commission of offence punishable under Section 306 of the Indian Penal Code, 1860 (in short ‘IPC’).

3.Accusations which led to the institution of the proceedings are essentially are as follows :

“Budida Krishnamurthy (hereinafter referred to as the ‘deceased’) had close friendship with the appellant (A1). About four years back he appointed deceased and others as field officers in his finance firm namely; Uma Hire Purchase and Finance. While so, the appellant no.1 joined as a partner in Kanaka Mahalaxmi Real Estate Ventures run by Mekala Ravi and Mekala Venu. The deceased and two other field officers namely; Budida Laxmaiah (L.W.7) and Thandra Mallaiah (L.W.8) sold about 15 plots in that group to Kommaipalli villagers and collected various amount





















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