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1985 Supreme(Ori) 200

G.B.PATTANAIK
BIMAL KANTI GHOSH – Appellant
Versus
M. CHANDRASEKHAR RAO – Respondent


Advocates Appeared:
A.PASAYAT, G.H.PANDA, G.S.RATH, P.K.MISHRA

G. B. PATTANAIK, J.


( 1 ) THE petitioner has invoked the inherent jurisdiction of this Court to quash the order dt. 22-9-1983 passed by the learned Magistrate in a complaint case bearing I. C. C. No. 32 of 1980, whereunder the learned Magistrate directed issuance of summons to the petitioner for production of documents in possession of the petitioner.

( 2 ) THE complainant and the petitioners are the two Directors of a private limited Company. The Company was engaged with the raising work of graphite in Athamalik in the district of Dhenkanal and china-clay in Jhankarpalli in the district of Sambalpur. The petitioner had taken on lease some mines both at Athmalik and at Jhankarpalli. The Company had a contract with the petitioner to purchase the minerals raised from petitioner's mines. A complaint was filed purporting to be one under S. 221 of the Companies Act in the Court of the Sub-Divisional Judicial Magistrate, Bhubaneswar, who was of the view that no prima facie case existed against the petitioner and further he was of the opinion that S. 621 of the Companies Act would be a bar to take cognisance and accordingly the said complaint case was dismissed. Against the said order of




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