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2012 Supreme(Jhk) 1484

D.N.UPADHYAY
Dheeraj Lulla – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pandey Neeraj Rai.
For the State: J.C. to S.C. – III.
For the Respondent: Mr. A.K. Kashyap & Ms. Lina Shakti.

JUDGMENT

D.N. UPADHYAY, J.

1. This Writ Application (Criminal) has been filed for quashing the entire criminal proceedings arising out of C. No. 1061/2007 including the order dated 29.5.2009, passed by learned Judicial Magistrate, Ranchi in connection with the said case whereby cognizance under Section 420 of the Indian Penal Code has been taken against the petitioner and he has been directed to face trial and in consequent, warrant of arrest also issued on 9.11.2009.

2. The brief facts of the case is that the Complainant/Respondent No.2 [hereinafter referred to as 'R–2' in short) filed a Complaint Case No.1061 of 2007 against the petitioner alleging therein that the petitioner, being the Managing Director of M/s. Endo Labs Ltd., a Company manufacturing medical goods, authorised him to obtain supply orders from RCH, Ranchi for supply of medicines for which tenders were invited by Jharkhand State Health and Family Welfare Society, Ranchi. The complainant was authorised for quoting rates, submitting tenders, participating in negotiation and receiving payments against supply made on behalf of Endo Labs Ltd. In this context an agreement and power of attorney were executed by the petitio





































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