LAWS(SC)-2023-1-1

DEEPAK GABA Vs. STATE OF UTTAR PRADESH

Decided On January 02, 2023
Deepak Gaba Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This appeal by Jotun India Private Limited (JIPL), Deepak Gaba - Regional Sales Manager - North (Decorative), and Sanjay Ramachandran Nair - Sales and Marketing Director (Decorative), takes exception to the order dtd. 30/3/2022, whereby the High Court of Judicature at Allahabad has dismissed their petition under Sec. 482 of the Code of Criminal Procedure, 1973[For short, the 'Code'.], challenging the summoning order dtd. 19/7/2018 passed by the Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad, Uttar Pradesh, the operative portion of which, reads as under:

(2.) Interestingly, in the cause title of the private complaint filed by Shubhankar P. Tomar, the proprietor of Adhunik Colour Solutions, respondent no. 2 - complainant, states that the complaint was directed against:

(3.) The Manager and the Chief Manager, JIPL have not been named and identified in the complaint. Neither does the summoning order name the Manager or the Chief Manager, JIPL, who have been summoned to stand trial under Sec. 406 of the Indian Penal Code, 1860[For short, the 'IPC'.].