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2007 Supreme(Jhk) 150

D.G.R.PATNAIK
PRAKASH AMRUT MODY – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates Appeared:
Anjana Prakash, K.P.Deo, S.K.Srivastava

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, 469, 120b of the Indian Penal Code, besides offence under Section 27 of the drugs and 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 case 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 compa













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