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2019 Supreme(SC) 36

UDAY UMESH LALIT, D.Y.CHANDRACHUD
Suresh Kumar Goyal – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellants : Mr. Venkita Subramoniam T.R., Mr. Rahat Bansal
For the Respondent: Mr. Tribindh Kumar, Mr. Subodh Kr. Jha, Mr. Amlan Kumar Ghosh

JUDGMENT :

Uday Umesh Lalit. J.

Leave granted. This appeal challenges the order dated 29.05.2018 passed by the High Court of Judicature at Allahabad dismissing application preferred by the appellants under Section 482 CrPC being Application No.22324 of 2011.

2. Respondent No.2 filed Complaint No.3804 of 2009 in the Court of 3rd Additional Chief Judicial Magistrate, Ghaziabad on 02.12.2009 against Appellant Nos.1, 2 and 3 namely his father, brother and brother-in-law. The main allegations as set out in paragraphs 3, 4, 5, 7 and 10 of the Complaint were as under:-

"3. THAT Complainant had purchased 2 folios consisting of 100 shares of Reliance Industry. 1st folio was in the name of the Complainant and accused no.2 and 2nd folio was in the joint names of accused no.2 and complainant. The address in these shares is House no. KC-102/2, Kavi Nagar, Ghaziabad. Thereafter Reliance company sent to complainant 100 shares in the year 1997 and 200 shares of their company in this year itself.

4. THAT all the accused in furtherance of their conspiracy beat the Complainant and threw him out of the house along with his children in the year 1998 for mala fide reasons. They also forged signatures of comp


















































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