RAJESH SUD AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS
HIGH COURT OF BOMBAY
Rajesh Sud And Others
State of Maharashtra and Others
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Mangesh S. Patil, J. -
(1.) Rule. The Rule is made returnable forthwith. Heard finally with the consent of learned Advocates for the Petitioners, learned APP for Respondent-State. Respondent No.2 in person and the learned amicus curiae.
(2.) These are the Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to quash and set aside one and the same order passed by the learned Chief Judicial Magistrate, Jalna (hereinafter referred to as "CJM") dated 27.07.2016 in Criminal Miscellaneous Application No.151 of 2010, directing investigation under section 156(3) of the Criminal Procedure Code (hereinafter referred to as "Cr.P.C.") and also to quash and set aside the FIR registered with Sadarbazar Police Station, District Jalna on 08.08.2016 pursuant to such order and registered for the offences punishable under Sections 406, 420, 464, 469, 470, 471, 504, 506, 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as "IPC") and the offences added subsequently punishable under Sections 191, 193, 195, 196, 197, 499, 500, 501 of the IPC. Since Respondent No.2 in both these petitions is the original complainant at whose instance the impugned order was passed and the FIR has been registered against the persons holding the post in the Management of the same Company, we propose to dispose of these Writ Petitions by this common judgment.
(3.) In Criminal Writ Petition No.1142 of 2016, petitioner No.1 is the Managing Director and the Chief Executive Officer of the Max Life Insurance Co. Ltd. (hereinafter referred to as "Company"). Petitioner No.2 therein is the Founder and presently the Chairman Emeritus of the Company. Petitioner No.3 therein is the Executive Director of that Company. Whereas in Criminal Writ Petition No.1368 of 2016, Petitioner No.1 is the ExHead of the Human Resource Department, Respondent No.2 is the Independent Director and Petitioner No.3 is the Director of the same Company.;
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