BHAGWATI PRASAD KEDIA Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. This petition under Section 482, Cr. P. C. has been filed for quashing the proceedings of criminal case No. 501 of 1983 pending in the Court of Munsif Magistrate, 1st class, Deoria.

(2.) OFFICE has submitted a report that notice was sent to Rudmal Gupta-respon dent No. 2. The petition was admitted and further proceedings in the trial were stayed on 8-5-85. However neither anyone has put in appearance on behalf of respondent "no. 2 nor any counter affidavit has been filed. The petition has, therefore, to be decided on the footing that the averments made in the petition are correct.

(3.) THE learned Magistrate thereafter issued warrants at against the aforesaid three accused to face trial alongwith Vish wanath. It is averred in para 13 of the affidavit that the applicant No. 1 Bhagwati Prasad Kedia is the Director of a company known as Chattish Garh Distilleries (M. P.) and is living in Indore. THE ap plicant No. 2 Ratan Kumar Kedia is carry ing on business of molasses under the name and style of "associated Trading Company" at Calcutta. THE applicant No. 3 Kailash Pati Kedia is carrying on busi ness of leather in the name and style of M/s. Mahabir Leather Board at Durg, M. P. It is further averred that all the three per sons are not connected with the firm M/s. Associated Textiles, Malaviya Road, Deoria. As stated earlier no counter af fidavit has been filed by the complainant-respondent No. 2 to controvert the aforesaid averment made in the affidavit. In the complaint the names of all three persons have not at all been mentioned. In his statement under Section 200, Cr. P. C. the complainant mentioned the name of only one person namely Vishwanath and stated that he was the salesman of M/s Associated Textiles which was described as accused No. 1 in the complaint. In view of the aforesaid facts, there is no justification for summoning the applicants to face trial.