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2011 Supreme(UK) 429

SERVESH KUMAR GUPTA
PRADOSH KUMAR AWASTHI – Appellant
Versus
STATE OF UTTARANCHAL – Respondent


Advocates:
For the Applicant :Mr. Lok Pal Singh, Advocate
For the Respondent No. 1: Mr. P.S. Bohara, Brief Holder
For the Respondent No. 2:Mr. S.K. Jain, Advocate

JUDGMENT

Hon’ble Servesh Kumar Gupta, J.: The challenge by way of this criminal miscellaneous application is to the order of cognizance dated 16.3.2005 passed by 2nd Additional Civil Judge/Judicial Magistrate, Dehradun in Criminal Complaint Case No. 1914/2004, Sunil Kumar v. Pioneer Paints & Chemicals and Others. In this order of cognizance, the applicant Shri Pradosh Kumar Awasthi and one Shri T.K. Awasthi were summoned for the offences of section 420/120B IPC.

2. This application under section 482 CrPC has been moved only by Shri Pradosh Kumar Awasthi, while Shri T.K. Awasthi has not filed any petition against the order of cognizance.

3. It appears that one Shri Sunil Kumar Gupta, private respondent no. 2 in the petition carries the business of supply of lime under the title M/s Vigyan Lime Company based at Dehradun, while the applicant Shri Pradosh Kumar Awasthi runs his company under the title M/s Pioneer Paints & Chemicals, Devpur, Rajajipuram, Lucknow. The applicant for the manufacturing of paints and chemicals needed supply of lime, so he along with his father Shri T.K. Awasthi (whose real name has been stated in the affidavit annexed with the petition as Shri Karuna Shankar










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