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2019 Supreme(All) 1858

PANKAJ BHATIA
Bid & Hammer Fine Art Auctioners (P) Ltd. through Chairman – Appellant
Versus
State Of U. P through its Home Secretary – Respondent


Advocates Appeared:
For the Petitioner: Chandra Shekhar Sinha
For the Respondent: G.A,Vikas Mishra,Vilas Misra

Judgement Key Points

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JUDGMENT :

Pankaj Bhatia, J.

The present petition has been filed seeking the quashing of the Complaint Case No.59 of 2011 (Venkateshwar Singh, Venkat Vs. Bid & Hammer Fine Art Auctioners (P) Ltd. & its Chairman/M.D. and another) under Section 406 IPC, Police Station Aliganj, Lucknow, pending in the Court Additional Chief Judicial Magistrate/J.M. (J.D.) Court no.35, Lucknow and also the order dated 8.1.2016 passed by Additional District Judge, Court No.10, Lucknow in Criminal Revision No.47 of 2015 (Annexure No.1 to the writ petition) as well as the summoning order dated 29.4.2011 summoning the petitioners under Section 406 IPC in Complaint Case No.59 of 2011 (Annexure No.3 to the writ petition).

2. The facts leading to the filing of the present petition are as under:-

The respondent no.2 filed a complaint purporting to be under Section 200 Cr.P.C. alleging that the respondent no.2 and his wife Madhavi Singh were appointed as consultant with effect from 26.2.2010 is on record which consultant by the petitioners on 18.2.2010 and in the agreement all the conditions were detailed. The order/agreement appointing the respondent no.2 as shows that the petitioners appointed the respondent no.2

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