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2012 Supreme(All) 1691

VINOD PRASAD
SANJEEV SINHA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
G.S. Chaturvedi and Miss Priyanka Midha for the Applicants; Sidhartha Srivastava, Ram Ji Srivastava, Arun Srivastava and Patanjali Mishra (A.G.A.) for the Opposite Parties.

JUDGMENT

Hon’ble Vinod Prasad, J.—Two officers of Exide Industries Ltd., a registered company, under Indian Company’s Act, 1956 having it’s registered office at 59 E, Chaurangi Road, Kolkata and Regional Office at 3 E-1 Jhande Wala Extension, New Delhi, namely Sanjeev Sinha (A-1), Head Coordinator and S.B. Raheja (A-2) Non-Executive Director, preferred instant 482 Cr.P.C. Application, with a motive to get their criminal prosecution in Complaint Case No. 64 of 2005, Vipul Agarwal v. Exide Industries Ltd., under Sections 420, 406, 120-B I.P.C. pending before C.J.M., Ghaziabad, and their summoning order dated 11.4.2007, passed in that case, be quashed.

2. Before adverting to various harangued contentions, raised and refuted by rival contesting sides, background facts, stated abridgedly, as are evident from the affidavit filed on behalf of applicants alongwith this 482 Cr.P.C. Application, counter-affidavit filed by complainant respondent No. 1, and rejoinder-affidavit filed on behalf of applicants in reply to the counter-affidavit, indicates that Exide Industries Ltd. is a company duly registered under the Indian Companies Act 1956. A-1, is it’s Head Coordinator, manning company’s offi




































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