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2022 Supreme(MP) 79

SUJOY PAUL
Amrutlal Sanghani – Appellant
Versus
State of M. P. – Respondent


Advocates:
Surendra Singh with Shivam Singh for applicants;
Pramod Thakre, Government Advocate for respondents/State.

ORDER

Paul, J. 1. This petition filed under section 482 of Code of Criminal Procedure (Cr.P.C.) assails the First Information Report (FIR) dated 29 January, 2021 (Annexure-P/4).

2. Briefly stated, the applicants No. 1, 3, 4, 5 and 6 are working as Quality Control In-charge in M/s Sumitomo Chemical India Ltd., Mumbai. The said company has factories at Bhavnagar, Gajodand Vapi in Gujarat and Silvassa in Union Territory of Dadra and Nagar Haveli.

3. Petitioner No. 2 is factory Manager looking after the production and administration of Bhavnagar factory. It is averred that he is not the Quality Manager.

4. It is pleaded that M/s Sumitomo Chemical India Ltd. was formerly known as Excel Crop Care Ltd. having its registered office at 184/87, S.V. Road Jogewari West Mumbai and having production Unit at Bhavnagar Gajodand in Gujarat and Silvasa.

5. It is further stated that pursuant to an order passed by National Company Law Tribunal, Mumbai bench dated 27th June, 2019. The previous company merged into M/s Sumitomo Chemical India Ltd.

6. The case of the petitioners is that the said company is one of the largest manufacturers of Technical grade Pesticides and formulations in the company. One

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