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2023 Supreme(Del) 4311

DINESH KUMAR SHARMA
Srinivasa Balaji – Appellant
Versus
State of NCT Delhi – Respondent


Advocates appeared:
Mr. Rajshekhar Rao, Senior Advocate with Mr. Dinesh Sharma and Mr. Saran Mittal, Advocates, for the Petitioner.
Mr. Raguvender Verma, APP, for the State with SI Shubhendu Sharma, PS EOW.
Mr. Vineet Dhanda, CGSC with Mr. Vedansh Anand, G. P., Mr.Vinay Yadav, Ms. Gurleen Kaur, Advocate, for R-2.

JUDGMENT

Dinesh Kumar Sharma,J.

1. This present petition has been filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 290/2019, dated 26.12.2019, under section 420/406/120B of Indian Penal Code, 1860 registered at Police Station Economic Offences Wing (EOW), Mandir Marg, Delhi, and all proceedings incidental thereto.

A. BRIEF FACTS

2. The Ministry of AYUSH introduced a `Scheme For Development Of Ayush Clusters' (herein referred to as "the said scheme") for capacity building through a cluster-based approach for Ayurvedic, Siddhi, Unani, and Homeopathic drugs, inter alia, that- the Scheme would be implemented on the Support from Department of AYUSH and support would be by the way of a grant to the Special Purpose Vehicle (SPV), formed by a group of entrepreneurs from AYUSH sector.

3. Lipakshi Ayush Park Private Limited (herein referred to as "the said company") floated in the year around 2010 to develop an AYUSH cluster near Anantapuram, Andhra Pradesh under the said scheme. The said company submitted the proposal for development of the AYUSH Cluster in Anantapuram and the proposal was accepted by t

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