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2016 Supreme(Del) 899

P.S.TEJI
Ramesh Kumar Jain – Appellant
Versus
State NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
Mr. Mohit Mathur, Sr. Adv. with Mr. Pradeep Sharma, Adv., Mr. Badar Mahmood, Adv. & Mr. Praman Mathur, Adv.
Mr. Vinod Diwakar, APP for the State SI Kailash Chand, Sec.-1, EOW. Mr. Ravinder Kumar, Adv. for R-2

JUDGMENT :

P.S. Teji, J.

1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the “Cr.P.C.”) read with Article 227 of the Constitution of India has been filed by the petitioner for quashing of summoning order dated 26.10.2012 in FIR No. 804/2000, under Sections 420/468/471/120-B of the Indian Penal Code (IPC), registered at Police Station Connaught Place and all the proceedings in pursuance thereto pending in the Court of learned Additional Chief Metropolitan Magistrate, Patiala House Court, New Delhi.

2. Factual matrix, emerges from the petition, is that the petitioner Ramesh Kumar Jain is the Chairman & Managing Director of M/s Pashupati Spinning and Weaving Mills Ltd. In the year 1993-94, the said company proposed to launch a pharmaceutical project and therefore, required a drug licence. For obtaining a drug licence, the company was required to have a chemist/drug licence holder on its employment. Therefore, the services of complainant Mr. L.D. Pandey were availed and it was agreed that after successful commencement of the project, Mr. L.D. Pandey would be absorbed as an employee of the company. The said project coul














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