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2020 Supreme(UK) 600

RAVINDRA MAITHANI
SANJEEV TIWARI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Applicant :Mr. Arvind Vashistha, Sr. Adv. Holding Brief of Mr. Vivek Pathak, Advocate
For the Respondent: Mr. S.S. Adhikari, AGA, along with Mr. P.S. Uniyal, Brief Holder, Mr. S.K. Jain, Sr. Adv. assisted by Mr. Siddhartha Jain, Adv. and Mr. Pankaj Miglani, Adv.

JUDGMENT

Hon'ble Ravindra Maithani, J.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Code") has been filed to quash and set aside the order dated 26.11.2016, passed in Misc. Application No. 468 of 2016, Sanjeev Tiwari Vs. K.S. Rana and others, by the court of learned Chief Judicial Magistrate, Udham Singh Nagar (for short “the Case") as well as judgment and order dated 16.05.2017, passed in Criminal Revision No. 292 of 2016, Sanjeev Tiwari Vs. State of Uttarakhand and others (for short “the revision"). By the impugned order dated 26.11.2016, an application filed by the petitioner under Section 156 (3) of the Code has been rejected and this order has been confirmed in the revision.

2. Facts necessary to resolve the controversy are briefly stated as hereunder:-

The petitioner filed an application under Section 156 (3) of the Code for investigation. Petitioner is an Executive/Manager of M/s General Power Company Limited (for short “the company"). According to the application, the company took a loan from Punjab National Bank, Branch Pilikothi, Khurja, Bulandshahr (U.P.) (for short “the Bank"). The Bank suddenly closed the credit limit of

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