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2023 Supreme(SC) 1075

VIKRAM NATH, AHSANUDDIN AMANULLAH
Ruchir Rastogi – Appellant
Versus
Pankaj Rastogi – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Bhuvneshwari Pathak, AOR
For the Respondent(s): Mr. Suvigya Awasthy, Adv. Mr. Vivek Joshi, Adv. Ms. Amita Singh Kalkal, AOR Mr. Avesh Chaudhary, Adv. Mr. Ankit Goel, AOR Mr. Sameer Jain, Adv. Mr. Abhinav Shrivastava, AOR Mr. Rohan Gulati, Adv. Mr. Shivang Rawat, Adv.

JUDGMENT :

VIKRAM NATH, J.

Leave granted.

2. These appeals assail the correctness of the judgment and order dated 15.04.2019 passed by Allahabad High Court in Criminal Misc. Writ Petition Nos.31343 and 31370 of 2018 (filed by the respondents herein) whereby both the writ petitions were allowed and the First Information Report1[FIR] lodged by the present appellant dated 22.10.2018 registered as Case Crime No.0128 of 2018 under sections 457, 380 and 506 of the Indian Penal Code, 18602[IPC], Police Station Pheelkhana, District Kanpur Nagar was quashed. The private respondents herein were the accused in the said FIR.

3. Shorn of unnecessary details, the relevant facts are as follows:

3.1 The appellant and the private respondents belong to the same family and the pedigree is as follows:

3.2 The appellant and respondent No.1 entered into a partnership as Karta of their respective HUFs and a partnership deed dated 01.04.2012 was reduced into writing. The business inherited by them was run in shop No.26/59 as a tenant. The said premises was taken on rent from its owner Ms. Urmila Gupta.

3.3


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