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2008 Supreme(MP) 83

A.P.SHRIVASTAVA
L. M. L. Limited – Appellant
Versus
Kailash Narain Rai – Respondent


Advocates Appeared:
R. Santhanam, Sr. Counsel with Pramod Pachori, Advocate, for Petitioners; M. C. Gupta with R. D. Agrawal, Advocates, for Respondent.

ORDER :- By taking aid of inherent jurisdiction of this Court under Section 482 of Cr. P.C. petitioners have challenged the impugned order dated 9-1-2007, passed by the Chief Judicial Magistrate, Datia (M.P.) in Complaint Case No. 259 of 2007 and consequent orders compelling the attendance of the petitioners, by bailable warrants of arrest.

2. The facts of the case are that, as per document Annexure-A/7, respondent filed a complaint against the petitioners under Section 420 of IPC. The learned trial Court recorded the statement of the complainant under Section 200 of Cr. P.C. on 22-12-2006 and posted for inquiry under Section 202 of Cr. P.C. on 9-1-2007. On 9-1-2007, it is informed by the respondent that he does not want to give evidence and the Court after hearing the arguments and perusal of statement, registered a complaint against the petitioners under Section 420 of IPC and issued bailable warrants in the sum of Rs. 5,000/- (Rupees five thousand only) each, to secure their appearance before the Court.

3. Being aggrieved by the aforesaid orders passed by Chief Judicial Magistrate, Datia, the petitioners have filed petition under Sections 482 of Cr. P.C. on the following grounds :












































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