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2016 Supreme(Bom) 1594

PRABHUDESSAI ANUJA
Darton Zink Adult, Inhabitant of United States of America, President and Chief Executive Officer of ZEECO – Appellant
Versus
State of Maharashtra through the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Applicants : Mr. Niteen Pradhan, Mr. Rajat Agarwal, Mr. Omkar Kelkar and Mr. Anish Ghoshal.
For the Respondents: Mrs. G.P. Mulekar, Mr. Manoj Mohite, Mr. Anand Mishra and Mr. A.M. Saraogi.

JUDGMENT :

Prabhudessai Anuja, J.

1. By these applications filed under section 482 of the Cr.P.C. the Applicants, have sought to quash the order of issuance of process dated 8th February, 2012 in Criminal Case No. 36/SW/2009 for offences punishable under sections 406, 420 and 120 B r/w. 34 of the IPC.

2. The aforesaid Applicants are the accused in Criminal Case No. 36/SW/2009. Darton Zink-accused No. 1 is a foreign national and is a President and Chief Executive Officer of accused No. 4 -M/s. Zeeco INC, a company having its registered office in the State of Oklohoma, USA, engaged in designing, manufacturing and supplying various industrial equipments. The accused No. 5 M/s. Zeeco Europe Limited is the European affiliate of M/s. Zeeco INC, accused No. 4-company. The accused No. 2 Nigel Palfreeman is the Director of accused No. 5 company. Accused No. 6-M/s. Zeeco India Pvt. Ltd. is the Indian affiliate of the accused No. 4 company and Shri Sanjiv Chipalkatti-accused No. 3 is the business Director of the accused No. 6 company.

3. The accused No. 4 company entered into an agreement dated 31st August, 1994 with a company called USCO ltd. through its President-Atulkumar, thereby appointing U































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