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2010 Supreme(All) 2321

DHARAM VEER
B. R. Gupta – Appellant
Versus
State of Uttaranchal – Respondent


Advocates Appeared:
Mr. Sandeep Tandon, Adv. for the applicants
Sri Amit Bhatt, Addl. GA for the State/respondent

JUDGMENT :

DHARAM VEER, J. –

These two petitions have arisen out of a common summoning order and the dispute to be decided in both of them is also same, hence both the petitions are being decided by this common judgment and order.

Both these criminal applications, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), are directed for quashing the summoning order dated 08.12.2004 and to quash the entire proceedings of Criminal Complaint Case No.94 of 2006 (1223/2004), State through Inspector of Drugs, Uttaranchal Vs. Naval Arora & others, pending in the court of Special J.M./J.M. First Class, Pithoragarh.

2. Heard learned counsel for the parties and perused the material on record.

3. In brief, the facts of the case are that the petitioners B.R. Gupta, A.K. Gupta and P.K. Sinha are the Chairman, Managing Director and General Manager respectively of the Company, namely, M/s Brawan Laboratories Ltd., Faridabad, Haryana. A complaint was filed by the respondent on 8.12.2004 before the court below stating therein that on 10.3.2003, he along with Arvind Kumar Gupta, Inspector Drugs, Nainital jointly inspected the Medicine Store of B.D. Pandey





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