KAUSER EDAPPAGATH
BMW India Financial Services Private Limited, Represented By Its Authorised Representative Mr. Vikas Arora, S/o Jagadish Chandra – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Both these Crl.M.Cs have been filed to quash Annexure A FIR in Crime No.51/2020 of Vellayil Police Station u/s 482 of Cr.P.C.
2. The petitioners in Crl. M.C.No.1250/2021 are the accused Nos.1 to 4, 6, 7, 9 and 12. The petitioners in Crl. M.C. No. 4828/2020 are the accused Nos.10 and 13. The 2nd respondent in both Crl.M.Cs is the de facto complainant.
3. The offences alleged are punishable under Sections 406, 420, 465, and 471 r/w 34 of IPC.
4. Annexure A FIR was registered based on Annexure C complaint given by the 2nd respondent to the State Police Chief. 4th
5. The 4th accused, BMW India Private Limited, a company registered under the Indian Companies Act, is the manufacturer of vehicles under the brand name BMW. The 1st accused is the Global Chairman of the BMW group. The 2nd accused is the General Director of the 4th accused company in charge of Asia-Pacific and Australian countries. The 3rd accused was the previous Managing Director of the 4th accused company and is currently the Chairman of Indian Operations. The 5th accused is the present President and CEO of the 4th accused company. The 6th accused is the acting president of the 4th accused company, who was the president
Ajay Mitra v. State of Madhya Pradesh and Others [(2003) 3 SCC 11]
Central Bureau of Investigation v. Duncans Agro Industries Ltd.
G.Sagar Suri v. State of U.P. (2000) 2 SCC 636
HMT Watches Ltd. v. M.A.Abida and Another (2015) 11 SCC 776
Indian Oil Corporation v. NEPC India Ltd. (2006) 6 SCC 736
Mohammed Ibrahim and Others v. State of Bihar and Another (2009) 8 SCC 751
Madhavrao Jiwajirao Scindia and Others v. Sambhajirao Chandrojirao Angre and Others (1988) 1 SCC 692
M.N.Ojha and Others v. Alok Kumar Srivastav and Another (2009) 9 SCC 682
M/s.Neeharika Infrastructure Pvt. Ltd v. State of Maharashtra AIR 2021 SC 1918
R.K. Dalmia v. Delhi Administration AIR 1962 SC 1821
State of Haryana and Others v. Bhajan Lal and Others 1992 Supp1 SCC 335
Sharon Michael and Others v. State of Tamil Nadu and Another (2009) 3 SCC 375
State of Karnataka v. L. Muniswamy and Others (1977) 2 SCC 699
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