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2023 Supreme(All) 825

SUBHASH VIDYARTHI
Ajit Singh – Appellant
Versus
State Of U. P. Thru. CBI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ishan Baghel, Veena Vijayan Rajes
For the Respondent: Anurag Kumar Singh, Shailendra Misra, Shiv P. Shukla

JUDGMENT :

1. Heard Sri I. B. Singh, Senior Advocate, assisted by Awinash Vishen Advocate, the learned counsel for the applicant and Sri Shiv P. Shukla, the learned counsel for the respondent-C.B.I and perused the record.

2. By means of an instant application filed under Section 482 Cr.P.C, the applicant has prayed for quashing of the judgment and order of conviction dated 06.06.2019, passed by learned Special Judicial Magistrate, C.B.I. Lucknow in Case No.4603 of 2009, arising out of F.I.R. registered as RC No.01(S)/2006/CBI/SCB/LKO dated 12.01.2006, under Sections 120-B, 420, 466, 467, 468, 471, 477-A I.P.C. and all the consequent proceedings, on the ground that the informant and the accused persons have entered into a settlement.

3. The aforesaid case was registered on the basis of a complaint lodged by the opposite party no. 2 -Arvind Mohan Jauhari, against the applicants alleging that some documents relating to annual returns of M/s Carlton Hotel Private Limited (hereinafter referred to as ‘the Company’) have been forged for the years 1997, 1998 and 1999. After carrying out a preliminary inquiry, the C.B.I. lodged an F.I.R on 12.01.2006, against one V. K. Gupta, F.C.A (applicant

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