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2010 Supreme(SC) 767

P.SATHASIVAM, B.S.CHAUHAN
Rajeswar Tiwari – Appellant
Versus
Nanda Kishore Roy – Respondent


Judgment :

P. Sathasivam, J.

1) This appeal is directed against the final order dated 31.01.2007 passed by the High Court of Calcutta in C.R.R. No. 2774 of 2005 with C.R.R. No. 2772 of 2005 whereby the High Court dismissed the applications filed under Section 482 of the Criminal Procedure Code (hereinafter referred to as `the Code') by the appellants to quash the criminal proceedings pending before the Judicial Magistrate, 2nd Court, Asansol, being Case No. C/438 of 2003 under Section 406/120B of IPC corresponding to T.R. No. 167 of 2003.

2) The facts leading to the present appeal are as under:

a) In 1973, the respondent joined the Indian Iron and Steel Company Ltd., (renamed IISCO Steel Plant), a unit of Steel Authority of India Ltd., at Burnpur, near Asansol in West Bengal. In 1989, he was appointed as Assistant Foreman. In 1991 he filed a writ petition being C.O. No. 9954(W) of 1991 before the High Court of Calcutta seeking direction for considering his claim for promotion to the post of Senior Mechanic alleging that he was superseded by his juniors. On 19.01.1995, the respondent filed another writ petition praying for interim order restraining the appellants from filling up the

























































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