SUSHIL SETHI Vs. STATE OF ARUNACHAL PRADESH
HIGH COURT OF GAUHATI (AT: ITANAGAR)
STATE OF ARUNACHAL PRADESH
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AJIT BORTHAKUR,J. -
(1.) Heard Mr. B. Deb, learned Senior counsel, assisted by Ms. Panchali Bhattarcharya, learned counsel appearing for the petitioners and Mr. K. Tado, learned Public Prosecutor, assisted by Ms. M. Tang, learned Additional Public Prosecutor, appearing for the State respondents.
(2.) By this petition, under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C'), the petitioners have prayed for quashing of the proceeding being G.R Case No.05/2000/294, under Section 120B/420 of the Indian Penal Code (for short 'IPC'), pending in the Court of learned Judicial Magistrate, First Class, Tawang, Arunachal Pradesh and all orders passed therein along with the FIR being Jang P.S. Case No.05/2004, dated 26.09.2000.
(3.) The petitioners' case, in a nutshell, is that the petitioner No.1 is the Managing Director of the M/s SPML Infra Ltd., previously known as Subhash Project Marketing Ltd. and the petitioner No.2 is the Director of the said M/s SPML Infra Ltd. and both of them are brothers. It is a public limited company, incorporated under the Companies Act, 1956 and having its registered Office at New Delhi. A contract was signed, on 18.03.1993, between the M/s SPML Infra Ltd. and the Government of Arunachal Pradesh for construction, supply and commissioning of the Nuranang Hydel Power Project at a cost of Rs. 24,96,05,690/-, and the project was due to be completed by 15.04.1996.;
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