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2015 Supreme(All) 1680

ANIL KUMAR SHARMA
SUSHIL AGGARWAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Samit Gopal for the Applicant; A.G.A. and Rakesh Pande for the Opposite Parties.

JUDGMENT

Hon’ble Anil Kumar Sharma, J.—The applicant has invoked the inherent jurisdiction of the Court under Section 482 Cr. P.C. for quashing the order dated 9.6.2014 passed by the 1st Additional Chief Judicial Magistrate, Gautam Budh Nagar in Misc. Case No. 141 of 2014 Rajesh Yadav v. Vinod Aggarwal, arising out of case crime No. 182 of 2014 under Section 406 and 420 IPC P.S. Sector-24 NOIDA, District Gautam Budh Nagar as also to quash the entire proceedings of the case.

2. It appears that the O.P. No. 2, as Director of Progressive Shelters Pvt. Ltd (PSPL) filed an application under Section 156 (3) Cr. P.C. against the applicant, who is admittedly one of the directors of BLS Infrastructure Ltd., and 19-others for commission of offence punishable under Section 406 and 420 IPC in the Court of Chief Judicial Magistrate, whereupon an FIR was registered under the orders of the Magistrate on 18.3.2013 in P.S. Sector-24 NOIDA. However, after investigation, the police filed final report, which was objected to by opposite party through protest petition dated 30.4.2014 and the learned 1st Additional Chief Judicial Magistrate, Gautam Budh Nagar vide order dated 9.6.2014 allowing the protest

















































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