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2013 Supreme(Del) 742

SURESH KAIT
Dilip K. Bandopadhyay – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Petitioners:Mukul Talwar, Sradhananda Mahapatra, Advocates.
For the Respondents:R2, Aseem Mehrotra, Advocate.

Judgment :-

Suresh Kait, J.

1. Vide the present petitions, the petitioners seek quashing and setting aside the Criminal Complaint No. 21/1/11 titled as “Aditya College of Pharmacy & Science Vs. S.S. Mantha & Ors.”, which was filed by the complainant/respondent No.2 for the offences punishable under Section 420/468/471 read with 120-B of the Indian Penal Code, 1860 (for short ‘IPC’).

2. Also seeksetting aside of the order dated 15.01.2011 passed by the learned Metropolitan Magistrate, pursuant to which summons have been issued to the petitioners.

3. Since all the petitioners have challenged the same complaint and the impugned order, therefore, this Court has decided to dispose of all the petitions by a common judgment.

4. The allegations against the petitioners are that they entered into a criminal conspiracy with each other with a view to cheat the complainant and cause harm to the reputation of the College. In furtherance of this intention, the petitioners forged the inspection report and the words ‘‘NOT RECOMMENDED”were added later on. The complainant led the pre-summoning evidence of two witnesses. One of the witnesses, i.e., Mr. Devender Gupta (CW1) is the Founder-cum-Chairperso














































































































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