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2009 Supreme(All) 1488

RAVINDRA SINGH
TAPAS ADHIKARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Sanjiv Singh for the Applicants; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Ravindra Singh, J.—This application has been filed by the applicants Tapas Adhikari and Dr. Rajendra Singh with a prayer to quash the proceedings of criminal case No. 2149 of 2008 pending in the court of learned Special Chief Judicial Magistrate, Meerut including the order dated 9.7.2008 by which the learned magistrate concerned has rejected the final report, taken the cognizance and summoned the applicants to face the trial for the offence punishable under Sections 406, 420, 504, I.P.C.

2. The facts, in brief, of this case are that the FIR of this case has been lodged by O.P. No. 2 in case crime No. 286 of 2007 under Sections 406, 420, 504, I.P.C. at police station Lal Kurti, District Meerut on 19.9.2007 alleging therein that M/s Sanjivini Multispeciality Hospital, a partnership firm, comprising five partners, namely, Sri Chitranjan Mohan Verma, Shri Sachin Arora, Smt. Nirmal Arora , Shri Bakhtawar Singh and Smt. Rajbala requested the applicants and the Allahabad Bank to grant a term loan of Rs. 70 lacs (seventy lacs) which was accordingly granted by the applicants on 17th April, 2004 to run the hospital, the Firm. The Firm and the partners executed necessary secur










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