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2022 Supreme(SC) 598

M. R. SHAH, B. V. NAGARATHNA
State of Uttar Pradesh – Appellant
Versus
Akhil Sharda – Respondent


Advocates:
Advocate Appeared:
For the Parties : Ms. Aishwarya Bhati, ASG Mr. Sharan Thakur, AAG Mr. Adarsh Upadhyay, AOR Mr. Siddharth Thakur, Adv. Mr. Ketan Paul, Adv. Mr. Aman Pathak, Adv. Mr. Chinmaya Shukla, Adv. Mr. Talha Abdul Rahman, AOR Mr. Harsh Vardhan Kediya, Adv. Mr. Mohd Shaz Khan, Adv. Mr. Adarsh Upadhyay, AOR Mr. Ajay Bhargava, Adv. Ms. Vanita Bhargava, Adv. Ms. Trishala Trivedi, Adv. Mr. Karan Gupta, Adv. M/S. Khaitan & Co., AOR

JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.03.2020 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in a Case under Sections 482/378/407 No.2005 of 2019 by which the High Court in exercise of powers under Section 482 Cr.P.C. has quashed the criminal proceedings arising out of FIR bearing Case Crime No.260 of 2018 lodged under Section 406, registered at PS – Husainganj, District – Lucknow, the State of U.P. as well as the original informant have preferred the present appeals.

2. The facts leading to the present appeals in a nutshell are as under :

For the sake of convenience, the parties are referred as per the cause title in Criminal Appeal No.840 of 2022 filed by the State of U.P. That the respondent no.4 herein M/s. United Breweries Limited is engaged in manufacture of sale of beer which is regulated and governed by the Excise Act and other relevant clause of the State. Respondent No.5 – M/s Beehive Alcoveb is the licenced Firm having F.L. 2B licence, engaged in the business of beer etc. by purchasing the goods from the company, Respondent No.5 Sanjeet Jaiwal – original informant of FIR No.2

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