MUKUL KUMAR VERMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Criminal Proceeding in G.R. Case No. 1728 of 1997 initiated against the petitioners for the alleged commission of offences under Sections 420 and 406 read with 34 I.P.C. in the Court of learned S.D.J.M.(S), Cuttack has been assailed in all the three application under Section 482 Cr.P.C.

(2.) In Crl.M.C. No. 661 of 2007 prayer has been made to quash the order dated 12.2.2007 by which petitioner C.S. Nair's prayer to discharge him under Section 239 Cr.P.C. was rejected. Petitioner M.K. Verma has made prayers to quash the order dated 7.10.2002 taking cognizance of the aforesaid offences upon receipt of charge sheet against C.S. Nair in Crl.M.C. No. 1949 of 2008 and to quash the order dated 1.11.2004 taking cognizance of the aforesaid offences upon receipt of supplementary charge-sheet against him in Crl.M.C. No. 2004 of 2009.

(3.) Petitioner M.K. Verma is the Managing Director of M/s. Vogue Garments Pvt. Limited whereas petitioner C.S. Nair is the proprietor of M/s. Harsha Fashion. G.R. Case No. 1728 of 1997 corresponding to Madhupatna P.S. Case Nos. 400 of 1997 was registered on the basis of the F.I.R. lodged by the Orissa Small Industries Corporation Limited (for short, 'the OSIC'), a Government of Orissa Undertaking against the petitioner M.K. Verma for alleged commission of offence under Section 420 I.P.C. Initially charge-sheet was submitted against the petitioner C.S. Nair only under Sections 420 and 406 read with 34 I.P.C. keeping the investigation open under Section 173(8) Cr.P.C. Thereafter, supplementary charge-sheet was submitted against petitioner M.K. Verma.