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2007 Supreme(Jhk) 149

DABBIRU GANESHRAO PATNAIK
Prakash Amrut Mody And B. K. Sharma – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

1. Heard the parties. The petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr. P.C. with a prayer for quashing the order dated 2.3.2007 passed by learned Judicial Magistrate, 1st Class, Bokaro in Complaint Case No. 373 of 2003. The petitioners are cited as accused and are facing trial for the offences under Sections 420, 468, Page 1306 469, 120B of the Indian Penal Code, besides offence under Section 17 of the Drugs & Cosmetics Act. By the order impugned, the learned court below had refused to extend protection to the petitioners under Section 205 Cr.P.C.

2. The petitioners had filed their application for exemption of personal appearance in this cast: under Section 205 Cr.P.C. on the ground that they being employed as Chairman-cum-Managing Director and Executive Director of Pharmaceutical Company, namely, M/s. Unichem Laboratories Ltd., they have been made accused in this case for alleged acts, which they have not committed, since they being high officials of the Company, they have no direct involvement in the day to day business of the Company and further, that both the petitioners by virtue of their office, are stationed at Companys Headq















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