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2009 Supreme(MP) 802

N.K.MODY
Aamir Khan s/o Tahir Hussain – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:S.C. Bagadiya, Senior Advocate with D.K. Chhabra
For Respondents/Defendant:C.R. Karnik, Dy. Government Advocate for respondent No. 1 and Rajendra Tiwari, for respondent No. 2

ORDER

N.K. Mody, J.

1. This is a petition under section 482 of the Criminal Procedure Code for quashment of the order dated 27-9-2007 and Criminal Complaint No. 33932/07 whereby the cognizance was taken by the learned JMFC, Indore under sections 2 and 3 of the Prevention of Insults to National Honour Act, 1971 Clauses (2), (3), (4), (5), (7), (8), (11), (12) of section 2(B)(5), (10) and Clauses 3.5, 3.7, 3.90 and 9.13 of section 3 and Clause 3.24, 3.25, 3.27 of section 5, Clause 3.31 of section 6 and clause 3.57 of section 11 Flag Code of India 2002 and section 109 of the Indian Penal Code.

2. Short facts of the case are that the respondent No. 2 Shailendra Sharma filed a private complaint on 22-9-2007 before the learned Court below alleging that on 16-8-2007 a programme was arranged by accused Rakesh Rajpal and Ashok Rajpal at their premises M/s Rajpal Abhikaran Private Limited, dealers of Toyota vehicles and in that programme petitioner was invited as guest, who was suppose to give keys of Innova Cars to the persons who have purchased the same. In the complaint it was alleged that in the business campus of M/s Rajpal Abhikaran Pvt. Ltd. wherein the said programme was arranged, some


































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