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2006 Supreme(Ori) 203

R.N.BISWAL
Mukesh Dhirubhai Ambani – Appellant
Versus
Prafulla Kumar Mishra – Respondent


Advocates:
For Petitioner:M/s. Gangadhar Rath, Pradipta Varma, P. M. Pattasingh, S. C. Pradhan and B. Pasayat
For Opp.Parties:M/s. A. R. Dash, R. N. Behera, M. C. Swain, S. K. Nanda-II, B. Mohapatra and N. Swain (For O.P. No.1)
Addl. Standing Counsel (For O.P. No.2)

JUDGMENT

R. N. BISWAL, J. — In this petition under Section 482 of Cr.P.C., the petitioner has prayed to quash the entire criminal proceeding, instituted in the Court of learned S.D.J.M. (P) at Uditnagar vide I.C.C. case No.226 of 2004.

2. The petitioner is one of the accused and the Opp.party No.1 is the complainant in the aforesaid complaint case. The facts as borne out from the complaint petition succinctly stated are that being influenced by the accused persons by their high profile media hype, the complainant became one of their customers under the scheme titled as “KARLO DUNIYA MUTHI MEIN” and made an application in the prescribed form to the accused company through their local dealer-accused No.5. He deposited Rs. 501/- in the shape of demand draft drawn in favour of the company in the month of August, 2003 and was provided with a mobile set bearing cell phone No.310611. It was assured by accused No.5 that the communi¬cation net work through the mobile set under the aforesaid scheme would work round the clock. But when the complainant operated the mobile set, he found the local mobile phone services so also out side services quite unsatisfactory. The mobile set also developed


















































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