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2017 Supreme(HP) 960

CHANDER BHUSAN BAROWALIA
Vinay Goyal, Director of Express Projects (Pvt. ) Ltd. – Appellant
Versus
Vivek Gupta – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ankush Dass Sood, Mr. S.C. Sharma
For the Respondent: Mr. G.C. Gupta, Mr. Deepak Gupta

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition has been maintained by the petitioners/accused (hereafter referred to as “the accused persons”) under Section 482 of Criminal Procedure Code (for short ‘Cr.P.C’) seeking a direction of this Court to quash Criminal Complaint No. 54-2 of 2016, which was filed by the complainant/respondent No. 1 (hereinafter referred to as the “respondent No. 1.”) under Sections 403, 405, 406, 415, 417, 418, 420, 499, 500 and 120B of Indian Penal Code, 1860 (for short “IPC”), which is pending adjudication in the Court of learned Judicial Magistrate 1st Class, Court No. IV, Shimla. A simultaneous prayer for quashing order dated 04.08.2016, passed by learned Judicial Magistrate 1st Class, Court No. IV, Shimla, whereby the accused persons were summoned under Sections 417, 418 and 420 IPC for trial in the aforementioned complaint, has also been made.

2. The factual matrix of the case can tersely be summarized as under:

As per the accused persons, respondent No. 1 maintained a false complaint before the learned Trial Court against them, wherein it has been alleged that he was contacted by the accused No. 6, Manoj, Sales representatives at Express Pro





























































































































































































































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