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2019 Supreme(All) 2305

MANOJ MISRA, SURESH KUMAR GUPTA
Puja Quench Distributors Pvt. Ltd. – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Bharat Kishore Srivastava and Vimal Dharm Yadav
For the Respondent: A.G.A. and Abhishek Srivastava

JUDGMENT :

Manoj Misra, Suresh Kumar Gupta, JJ.

1. We have heard the learned counsel for the petitioners; Sri Deepak Mishra, the learned A.G.A., for the respondent Nos. 1, 2 and 3; Sri Abhishek Srivastava for the respondent No. 4; and have perused the record.

2. The instant petition seeks quashing of the first information report (in short F.I.R.) dated 20.10.2015 which has been lodged at P.S. Kavi Nagar, District- Ghaziabad as Case Crime No. 1343 of 2015, under Sections 420, 407, 468, 471, 406 and 120B, I.P.C.

3. The impugned first information report has been lodged by an authorized representative of Edelweiss Housing Finance Ltd. (respondent No. 4) against the petitioners and one Smt. Geeta Devi (non-petitioner).

4. The allegations in the first information report are : that Edelweiss Housing Finance Ltd. (for short informant-company) is a registered company doing business in financing, housing loans, etc.; that in the month of December, 2012/January, 2013, the accused-petitioners, some of whom are directors in M/s. Pooja Quench Distributors India Pvt. Ltd. (petitioner No. 1), applied to the-informant-company for a housing loan to purchase a property i.e., House No. KF 41, Kavi Nagar, G

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