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2020 Supreme(SC) 652

L.NAGESWARA RAO, HEMANT GUPTA, AJAY RASTOGI
Hindustan Unilever Limited – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sidharth Luthra, Sr. Advocate, Ms. Supriya Juneja, Advocate, Mr. Aditya Singla, Advocate, Ms. Ankita Tiwari, Advocate, Mr. Harsh Yadav, Advocate, Mr. Ayush Kaushik, Advocate, Mr. Lakshay Mehta, Advocate
For the Respondent:Mr. Arjun Garg Advocate

JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeals is to an order passed by the High Court of Madhya Pradesh, Jabalpur on 9.1.2020 whereby the revision filed by Shri Nirmal Sen, appellant/Nominated Officer(Incharge) of the Hindustan Unilever Limited 1 [Hereinafter referred to as "Company".], was allowed, however the matter was remitted back to the trial court to revisit the evidence adduced by both the parties, so far it relates to the appellants, Nirmal Sen and the Company. The operative part of the order reads thus:

    "8. If the company-Hindustan Lever Limited is acquitted of the charges, the said benefit will also directly go to the applicant. In view whereof, this Court finds a glaring and patent defect in the judgment of the trial Court as well as in the judgment of the appellate Court, thus, this Court, in these premises, finds it fit to interfere in the judgment of the trial Court in exercise of the revisional jurisdiction under Section 401(1) of Cr.P.C, hence, this Court is inclined to set aside the conviction and sentence passed against the applicant being a nominated person of the company and remitted back the matter to the trial Court for passing fresh judgm


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