ASHOK KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) D. C. Srivastava, J. Since affidavits have been exchanged, this petition is being finally disposed of at the admission stage.

(2.) THE prayer in this petition under Section 482 of the Code of Criminal Proce dure is to quash the proceedings in Case No. 3548 of 1995 (Amur Singh v. Mis. Uniroyal Textile Industries Ltd. and others) under Sec tions 409 and 4201. P. C. , pending in the court of Metropolitan Magistrate, Vlth Kanpur Nagar, in so far as it relates to the petitioner Ashok Kumar Srivastava. Prayer for interim order has also been made, but since the petition is being finally disposed of, the prayer for interim order hardly requires consideration.

(3.) IN the counter-affidavit, assertions made in the affidavit have been con troverted and it has been pleaded that Sec tion 482, Cr. P. C. is not applicable and no petition under this section can be enter tained nor the defence can be seen at this stage. It is further deposed in the counter affidavit that it is open to the applicant to raise issues before the trial court as the summoning order was ex pane order.