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2019 Supreme(All) 1731

DINESH KUMAR SINGH
Jong Seuk Park President Korea Marine Trans Co. Ltd. – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
Anand Mohan Pandey, Adv., Pankaj Jaiswal, Adv., Deepak Agarwal, Adv., Shiv Sagar Singh, Adv.

JUDGMENT :

Dinesh Kumar Singh, J.

1. Heard Sri Pankaj Jaiswal learned counsel for the applicant, Sri Shiv Sagar Singh, learned counsel for opposite party no.2 Sri Attreya Dutt Mishra, learned A.G.A. appearing for the State and perused the record.

2. This application under Section 482 Cr.P.C has been moved with a prayer to quash the entire criminal proceedings of the complaint case no.4182 of 2014 (G.K. Traders vs. Sudhir Kumar Shukla and others) under sections 406,420 IPC, Police Station Fazalganj, District Kanpur Nagar and the summoning order dated 20.02.2015 passed by Additional Chief Metropolitan Magistrate 8th Kanpur Nagar and also a prayer is made to stay the proceedings in this case till the disposal of this application.

3. Learned counsel for the applicant has mainly argued that the offences, which have been mentioned above, had been constituted against the accused-applicant because the material had only been transported in the ship of the applicant, which was about 23 metric tons of copper scrap. No entrustment of the said property was made to him. The matter is of civil nature. The opposite party no. 2 has also filed a claim petition for making good the loss of the goods. Furt

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