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2008 Supreme(SC) 1637

ARIJIT PASAYAT, C.K.THAKKER
M/s. Eicher Tractor Ltd. – Appellant
Versus
Harihar Singh – Respondent


Advocates appeared:
R.S. Suri, Mrs. Rachna Gupta, Vijay Krishna, Savitri Pandey, Fuzail Khan and Anil Kumar Jha, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the order of a learned Single Judge of Allahabad High Court dismissing the petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code’). By the said petition appellants had prayed for quashing the proceedings initiated on the basis of complaint filed by respondent No.1 and the order of learned Civil Judge, Junior Division/Judicial Magistrate, R. S. Ghat, Barabanki, dated 8th February, 2005 taking cognizance of offences punishable under Sections 420, 468 and 471 of the Indian Penal Code, 1860 (in short the ‘IPC’) and issuance of summons to the appellants. The learned magistrate recorded statements of the complainant under Section 200 of Code as well as of the witness under Section 202 of the Code and thereafter issued summons to the appellants to start proceedings. The appellants took the stand that the proceedings were nothing but an abuse of the process of Court. It was pointed out that the summons issued were never served and bailable warrant of arrest and subsequently non-bailable warrant has been issued and even proceedings under Section 82 of the Code have been ini

































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