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2010 Supreme(J&K) 146

GH.HASNAIN MASSODI
Refex Refrigerants Ltd. – Appellant
Versus
Kolane Refrigerants – Respondent


Advocates Appeared:
Advocate For Appellant: None
Advocate For Respondent: M.Y. Bhat
Advocate For Respondent: Javid Hamid

1. Inherent powers of this Court under section 561-A Code of Criminal Procedure are sought to be invoked through this petition, to get the order of Learned Judicial Magistrate (Ist Class) Pulwama dated 25.6.2007 in complaint "M/s Kolane Refrigerants v. T. Anil Jain and others" quashed, whereby Learned Magistrate has taken cognizance of offence punishable under section 420 of Ranbir Penal Code and directed issuance of process against the petitioners.

2. The complainant - respondent herein on 25.6.2007, filed a complaint against the present petitioners/ accused in the court of Judicial Magistrate (Ist Class) Pulwama, alleging commission of offence punishable under section 420 & 407 RPC against petitioners/ accused.

3. The complainants case was that the complainant has been running a factory at Industrial Complex Lassipora Pulwama and is doing business of refilling refrigerant gases. The complainant alleged that the petitioners/accused No.2 to 4, Directors of the business concern of M/s Refex Refrigerants Limited, approached the complainant/ respondent in second week of November 2006 at respondents factory at Lassipora, Pulwama and made the complainant to believe that the petitioners/ac































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