ALLAHABAD HIGH COURT
VIVEK VARMA
MAMMON CONCAST PRIVATE LIMITED AND 4 OTHERS – Appellant
Versus
STATE OF UP AND ANOTHER – Respondent
Court No. - 79
Case :- APPLICATION U/S 482 No. - 2520 of 2021
Applicant :- Mammon Concast Private Limited And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the
proceeding of complaint Case No. 35 of 2019, Registrar of Companies Vs.
Mammon Concast Private Limited and others, under Section 134(5) of the
Companies Act, 1956, Police Station Kamla Nagar, District Agra pending
in the court of Special C.J.M., Agra as well as the summoning order dated
20.02.2019.
Learned counsel for the applicants submitted that the impugned
summoning order dated 20.02.2019 is a sketchy and cryptic order. He
further submits that the court below while summoning the applicants has
materially erred and did not follow the dictum of law as propounded by
the Hon'ble Supreme Court in various cases that summoning in criminal
case is a serious matter and the court below without dwelling into material
and visualizing the case on the touchst
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