SMT. RAJ MOHINI SRIVASTAVA Vs. STATE OF U.P.
LAWS(ALL)-2019-2-190
HIGH COURT OF ALLAHABAD
Decided on February 08,2019

Smt. Raj Mohini Srivastava Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

CHANDRA DHARI SINGH, J. - (1.) This application under Section 482 Cr.P.C., 1973 has been filed seeking quashing of the impugned order dated 27.09.2018 passed by Additional Chief Metropolitan Magistrate, Court no.8, Kanpur Nagar in complaint case no.3507 of 2007, under Sections 255, 259, 260, 406, 420,467,468 and 471 I.P.C., P.S. Kotwali, District Kanpur Nagar.
(2.) Learned counsel for the applicant submitted that the allegation in the complaint is that the documents had been forged to substantiate the maintainability of petition under Sections 397 and 399 of the Company's Act, 1953. The said Company Petition is between two branches of the family i.e. headed by applicant's late husband and other side headed by brother of the applicant's late husband (Sri H. K. Srivastava).
(3.) It is submitted that same set of the allegation has already been made in Application under Section 340 Cr.P.C., 1973 before the Hon'ble High Court of Madhya Pradesh, Gwalior Bench. On the same set of facts the present complaint was filed before the court at Kanpur on behalf of Gwalior Sugar Company. The Metropolitan Magistrate-I vide order dated 17.11.2000 summoned the applicant without applying judicious mind. The entire proceeding and summoning order dated 17.11.2000 were challenged before this Court under Section 482 Cr.P.C., 1973 being Criminal Misc. Application No.7242 of 2002, wherein co-ordinate Bench of this Court vide order dated 08.08.2002 has stayed further proceedings of the case until further orders.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.