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2007 Supreme(All) 1590

K.N.SINHA
DENSEN JOSEPH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
R.B. Singhal for the Petitioner; Mohd. Yusuf, A.G.A. for the Respondents.

JUDGMENT

Hon’ble K.N. Sinha, J.—By means of present writ petition under Article 226 of the Constitution of India the petitioner has sought for issue of a writ in the nature of certiorari for quashing of the entire proceedings of complaint case No. 4848 of 2002, Puran Chand Pandey v. Densen Joseph, under Sections 420, 406, 323, 504 and 506, I.P.C., Police Station Mandi Saharanpur, including impugned order dated 5.7.2005, summoning the petitioner as an accused, pending in the Court of Additional Civil Judge (Junior Division/Judicial Magistrate) Court No. 21, Saharanpur.

2. The brief facts, giving rise to the present writ petition, are that the petitioner was appointed as Sales Manager with M/s Somaan Brothers FZC, C-3-18/08, Post Office Box No. 7803, Saif Zone, Sharjah, U.A.E. where he worked from 15.6.2002 to 3.2.2003. The respondent No. 2 is engaged in the manufacture of wood carving materials, which is prepared and sold at different places. A purchase order was placed by M/s. Somaan Brothers FZC, Saif Zone, Sharjah, U.A.E, to the respondent No. 2, M/s. Shivam Enterprises, Gali No. 14, Peer Wali Gali, Mandi Samiti Road, Saharanpur on 15th of August, 2002 for purchase of certain wood

















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