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2024 Supreme(All) 365

MAYANK KUMAR JAIN
Kishore Biyani – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Dhananjai Rai, Sr. Adv., Vibhu Rai.
For the Opp. Party : Animesh Pandey, G.A.

JUDGMENT :

1. Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Vibhu Rai, learned counsel for the applicant, AGA for the state of U.P. and Sri Animesh Pandey, learned counsel for opposite party no. 2.

2. Present Application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 27.03.2023 passed by learned Additional Civil Judge, (Senior Division), Court No. 2, Gorakhpur, order issuing non-bailable warrant dated 18.07.2023, and to quash the entire proceedings of complaint case no. 32393 of 2022 (Neelima Verma Vs. Future Retail Ltd. (Big Bazaar) through CEO, Mr. Kishore Biyani) pending in the court of Additional Civil Judge, (Senior Division), Court No. 2, Gorakhpur.

3. Opposite party no. 2 instituted a criminal complaint against the applicant under Section 120B, 463, 406, 420, 504, and 506 IPC.

4. The substance of the complaint are summarised thus: –

4.1 That the complainant is a wholesale supplier of food products in the name and style of M/s Maa Durga Enterprises, Gorakhpur. The applicant was running his business establishment in the name and style ‘Big Bazaar’ in Gorakhpur.

4.2 During the period from 10.02.2020 to 01.06.2020, the complainant suppli

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