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1988 Supreme(Mad) 215

S.A.KADER
M. V. Bany and Another – Appellant
Versus
State – Respondent


Advocates Appeared:P. Srinivasan, C. Jose Ukkur, Kannappa Rajendran, Advocates.

Judgment :-

These two Criminal Miscellaneous petitions are filed under S. 482 Cr.P.C. to quash the proceedings in C.C. 3664 of 1985 on the file of the II Metropolitan Magistrate, Madras. The first accused is the petitioner in Cr.M.P. 5389 of 1985 while the second accused is the petitioner in Cr.M.P. 5387 of 1985.

2. The brief facts of the case are these : The second accused M. V. Baby (petitioner in Cr.M.P. 5387 of 1985), M. C. Kuriakose, and Lalu Alex joined together and constituted a firm by and under the name of Kopanhagan Pharmaceuticals with its registered office at Pushpanagar, Madras 34. On a complaint given by M. C. Kuriakose, one of the partners, the respondent Sub-Inspector, Central Crime Branch, has filed a charge sheet against these two petitioners for offences under S. 408 and S. 408 read with S. 34, I.P.C. The allegation is that these two accused in furtherance of their common intention the first accused (petitioner in Cr.M.P. 5389 of 1985) being a clerk employed in the partnership firm and the second accused (petitioner in Cr.M.P. 5387 of 1985) being the managing partner of the said firm dishonestly converted the properties entrusted with them for their personal gain






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