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2019 Supreme(All) 1169

SIDDHARTH
Dinesh Kumar Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Padmaker Pandey and Sunil Kumar Srivastava
For the Respondents: G.A. and Abhishek Tripathi

ORDER :

Siddharth, J.

1. Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Shri Padmakar Pandey and Shri Sunil Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for opposite party No. 1 and Shri Abhishek Tripathi, learned counsel for the opposite party No. 2

2. This application has been filed praying for quashing charge sheet dated 29.7.2018 alongwith cognizance order dated 16.8.2018 passed by the Special Chief Judicial Magistrate, Kanpur Nagar in case No. 44080 of 2018 under sections 406, 420, 504, 506, 120-B I.P.C. pending before the aforesaid court. The opposite party No. 2 lodged a First Information Report dated 11.4.2018 against the applicants alleging that there is a company M/s. Hazari Lal Laxmi Prasad Naryan (P) Limited situated in building No. 96/11A Parade, Kanpur Nagar of which Late Chunni Lal Gupta was the Managing Director. Now opposite party No. 2 and his brother, Dinesh Kumar, applicant No. 1, are Directors of the aforesaid Company. The aforesaid company purchased the business of "Kannico Dry Cleaners" in the year 1988 and the business of Dry Cleaning continued upto the year 2007. In the year 2002 applicant No. 2, who is wife of his broth

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