EXIDE INDUSTRIES LTD Vs. STATE

JUDGEMENT

(1.) Heard counsel for the petitioners and counsel appearing for complainant opposite party No. 2.

(2.) There are two petitioners before this Court. One is M/s. Exide Industries Limited (Standard Furukawa Division) and the other is M/s. Exide Industries Limited. The petitioners seek quashing of the order, dated 1.10.2003 passed by a Judicial Magistrate of the 2nd Class, Munger in Case No. 777C/2003. By the impugned order he took cognizance of offences under Sections 420 and 463 of the Penal Code and sent back the record of the case to the C.J.M. on the plea that the offences of which cognizance was taken were triable by a Magistrate of the 1st Class. The C.J.M. then referred the case to a judicial Magistrate of the 1st Class who on the basis of the earlier order of cognizance summoned the accused, including the petitioners, for facing trial.

(3.) On hearing counsel for the parties and on going through the materials on record, including the complaint and the order sheet of the Magistrate's Court, it appears that the case, atleast in so far as petitioners are concerned, is a gross abuse of the process of the Court. In the complaint, apart from accused No. 1 who is described in his personal capacity, the remaining two accused are described as follows :