SHIVAJI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) O. P Garg, J. On the complaint of opposite party No. 2, namely, Hindalco Industries Ltd, the applicant-Shivaji Singh has been summoned under Section 630 of the Companies Act by Special Chief Judicial Magistrate, Allahabad. By means of this application under Section 482, Cr. P. C. , it is prayed that the complaint case No. 674 of 1993 filed on 19-10-1993 be quashed and further proceedings in the case be stayed.

(2.) AFFIDAVITS have been exchanged. Heard learned Counsel for the applicant, learned A. G. A. on behalf of the State as well as Sri N. B. Singh, learned Counsel for the opposite party No. 2.

(3.) ON behalf of the applicant, it was urged that the question whether the services of the applicant have been properly and legally terminated or not, is to be canvassed and decided in the writ petition No. 18695 of 1993, which is still pending and since the question of cessation of the relationship of master and servant is in dispute, the applicant cannot be prosecuted by means of a complaint under Section 630 of the Companies Act.