JUDGMENT

B. P. DAS, J. — This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C’) with a prayer to quash the proceeding in I.C.C. No.237 of 2003 pending in the Court of the Sub-Divisional Judicial Magistrate, Panposh at Uditnagar as well as the order passed therein taking cogni¬zance against the petitioner of the offence under Sections 294/423/506/323/34 of the Indian Penal Code (‘I.P.C.’ in short).

2. The brief facts giving rise to the present application, as have been stated in the complaint petition, are as follows :

O.P. No.2-Prafulla Kumar Mishra, an advocate of Rourkela Bar, filed the aforesaid complaint case impleading the present petitioner-Mukesh Dhirubhai Ambani, the Chairman of Reliance Infocomm, as accused No.1, and two others, namely, Rajesh Hirwe, the Manager of Reliance Infocomm Ltd., Rourkela, and V.K. Gupta, the owner of M/s. Balajee Agencies (Telecom Division), Rourkela, as accused Nos.2 and 3 respectively who are not parties to this case. O.P. No.2 in the aforesaid complaint petition stated that during August, 2003 he had taken a mobile phone under a scheme launched by Reliance Infocomm, in the name and style, “Relia