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2019 Supreme(All) 212

AJIT KUMAR
U. P. Cylinders and Containers Pvt. Ltd. – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Girija Shanker Srivastava, Adv., Vikas Budhwar, Adv.

JUDGMENT :

AJIT KUMAR, J.

1. Heard learned counsel for the parties.

2. By means of this petition under Article 227 of the Constitution of India, the petitioners have assailed the order dated 16th April, 2009 passed by the Additional Sessions Judge, Room No.17, Agra in Revision No.- 50 of 2009 and the order dated 24th December, 2008 passed by the Judicial Magistrate-I, Room No.-1, Agra dismissing the protest petition of the petitioners and accepting the final report submitted by the police under Section 173 (2) of the Code of Criminal Procedure, 1973 in respect of Sections 420, 467, 468 and 478 of Indian Penal Code complained of.

3. Briefly stated the facts of the case are that the petitioners and the respondent- Hindustan Petroleum Corporation Ltd. entered into an agreement for production of LPG cylinders to the corporation on 15th June, 1982. As per the terms and conditions of the agreement for the purposes of production and manufacture of cylinders the corporation was to supply necessary raw materials in terms of steel to meet the requirements of the production. In all 54,000 cylinders were produced and delivered between July, 1982 to March, 1983. However, in spite of necessary suppl





















































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