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2022 Supreme(Del) 1226

ASHA MENON
Jhajjz Pvt. Ltd. – Appellant
Versus
State Of NCT Of Delhi – Respondent


Advocates appeared:
Mr. Paramjit Singh Patwalia, Sr. Adv. with Ms. Harshika Verma, Mr. Tushar Singh, Mr. Ajit Joher & Mr. Harkirat Singh, Advs, for the Petitioners; Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar & Mr. Akshay Kumar, Advs, for the State; Mr. Chinmoy Sharma, Sr. Adv. with Mr. Samarjit Pattnaik, Mr. Vikas Gogne, Mr. Satyam Chaturvedi, Mr. Hitaish Chauhan, Mr. Irfan Hasieb and Mr. Krishna Jyoti Deka, Advs, for the Respondents Nos. 3 to 5, 4 in person

JUDGMENT

1. This petition has been filed under Article 226 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') praying for quashing of FIR No.196/2021 dated 21st December, 2021, registered at the Economic Offences Wing, Delhi Police, New Delhi, (for short, 'EOW') under Sections 406/120B of the Indian Penal Code, 1860 (for short, 'IPC'), and all proceedings emanating there from.

2. The FIR in question was registered on the complaint initially made to the DCP, Rohini District, Delhi, by the respondent No.4/Siddarth Nautiyal, which was forwarded to the EOW, which in turn, got the FIR in question lodged. The FIR records that the complaint of the respondent No.4 was received in the EOW 'for necessary action' and on the basis 'pre-registration enquiry prima facie, an offence under Section 406 read with Section 120B IPC was made out'. After the FIR was registered, the Investigating Officer summoned the petitioners, and the petitioner No.2, being one of the Directors of the petitioner No.1, apart from the petitioners No.3 and 4, appeared before the EOW on 29th November, 2021 and submitted his reply. Despite which, since the

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