M.L. GUPTA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Anil Mullick, learned counsel for applicant and learned AGA for State of U.P.

(2.) This application under Section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr.P.C .") has been filed by applicant-M.L. Gupta with a prayer to quash Charge-sheet No. 75 dated 28.06.2003, under Sections 307 , 323 , 504 , 506 IPC, Police Station Phase II, Noida, District Gautam Budh Nagar as well as proceedings initiated pursuant to aforesaid charge-sheet pending in the Court of Additional Chief Judicial Magistrate, Gautam Budh Nagar being Case No. 1838 of 2003, State of U.P. Vs. M.L. Gupta and Others.

(3.) Facts in brief, giving rise to the present application, are that applicant M.L. Gupta was a partner in a firm known as Messrs Modern Glass Tiles Industries having its office at 129, Vigyan Vihar, Delhi and factory at D-3-4, Sector 10, Noida, Gautam Budh Nagar. One Awdhesh Kumar Yadav filed an application dated 30.07.2002 under Section 156(3) Cr.P.C. in the Court of Additional Chief Judicial Magistrate, Gautam Budh Nagar for registration of FIR against applicant M.L. Gupta, his son Suresh Gupta and two unnamed persons under Sections 307 , 323 , 324 , 504 , 506 IPC. On the direction of Magistrate, police conducted an enquiry and submitted report that there was an old dispute between the parties and no incident as alleged in the application has taken place on 25.07.2002 and facts stated in application are incorrect. However, First Additional Chief Judicial Magistrate, Gautam Budh Nagar passed order dated 02.08.2002 directing Police to register FIR against accused persons namely, applicant and others under Sections 307 , 323 , 504 , 506 IPC and commenced investigation.