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2021 Supreme(HP) 594

CHANDER BHUSAN BAROWALIA
S. k. Rana Director, are INDIA Engineers Private Limited – Appellant
Versus
Shiva Electrical Industries – Respondent


Advocates:
Advocate Appeared
For the Appellant :SH VARUN CHANDEL, ADVOCATE
For the Respondent: SH. BHUPINDER SINGH AHUJA,

ORDER :

1. Challenging the dismissal of applications under Sections 243 and 313 of Cr.P.C and seeking re-framing of questionnaire as per the provisions under Sub-section 5 of Section 313 Cr.P.C., petitioner accused No.2-S.K.Rana, Director, ARC Indian Engineers Pvt. Ltd., has come up before this Court praying for setting aside the impugned order dated 29.5.2015, passed by learned Judicial Magistrate First Class, Nahan, District Sirmaur, Himachal Pradesh in Criminal Misc. Application No. 175/6 of 2015 under Section 313 of Cr.P.C. and 176/6 of 2015 under Section 243 of Cr.P.C., titled as M/s Shiva Electrical Industries Vs. ARC India Engineers Pvt Ltd and another. State of HP Vs. Dadan Singh and another.

2. The facts apposite to decide the present controversy are that statement of petitioner/accused Mr. S.K. Rana, was recorded, under Section 313 Cr.P.C. on 5.11.2014, wherein he took a specific stand that his mind was perturbed when he was facing false charge of liability of huge amount and moreover the questions which were put to him are not simple and understandable being confusing because number of incidents have been mentioned there-before and due to these reasons the petitioner/accus

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