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2015 Supreme(All) 2487

VISHNU CHANDRA GUPTA
Vikram Capoor – Appellant
Versus
State of U. P – Respondent


Advocates Appeared:
For the Applicant :- Shishir Pradhan
For the Opposite Party :- Govt. Advocate

JUDGMENT

By means of the present petition under section 482 Code of Criminal Procedure Code (For short ''Cr.P.C.') the petitioner Vikram Capoor has prayed for quashing of the proceedings of Criminal Complaint Case No. 209 of 2013, Ani Capoor Vs. Vikram Capoor pending in the court of Judicial Magistrate-II, Lucknow and also the order impugned dated 25th September, 2013, whereby the petitioner has been summoned to face trial under sections 355, 409 504 and 506 IPC.

2. Brief facts germane to the present case are that petitioner is a nephew of opposite party no. 2 Ani Capoor. A business in the name of M/s Capoor Hotel and Restaurant was running in the partner-ship of petitioner and opposite party no. 2. Both were partners of equal share i.e. 50% each. The partnership deed was executed in between them. During continuance of the partnership some dispute arose and opposite party no. 2 made applications to the Station Officer of police station Hazratganj, District Lucknow on 7.5.2007 and on 8.5.2007 and also to S.S.P. Lucknow on 9.5.2007 by sending the same by registered post alleging therein that petitioner with intention to cause pecuniary loss to the opposite party no. 2 and with mala fid

















































































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