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2005 Supreme(All) 1860

S.S.KULSHRESTHA, K.N.OJHA
Milan Anandan Sri A. K. Anandan, Branch Manager, ITC Limited – Appellant
Versus
States of U. P. – Respondent


Advocates:
B.D.Mandhyan, Satish Mandhyan, V.V.Mishra, YASVANT VARMA,

S. S. KULSHRESTHA, J.

( 1 ) BOTH the petitions are taken together as they enjoin the identical questions of law and facts and in both the cases common FIR registered at case crime No. 606/05 under Sections 409/420 IPC at P. S. Behjoi, Moradabad has been challenged However, there is little difference that in the later writ petition all the four petitioners were arrested by the police and they were subsequently released on bail pursuant to the orders passed by this Court dated 30. 5. 2005. In the first petition the prayer is also for the protection of the liberty of the petitioner by way of staying his arrest.

( 2 ) THESE petitions under Article 226 of the Constitution of India have been brought for quashing the written report registered at case crime No. 606/05 under Sections 409/420 IPC at P. S. Behjoi, moradabad. It is said that the entire case has been fabricated against the petitioners so as to harass them. Even if the allegations made in the written report are accepted to be true on its face value no offence can be said to have been made by the petitioners. The petitioners are the employees of I. T. C. Ltd. , a company having its registered office at 37, J. L. Nehru Road. Kolka

































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