JUDGEMENT
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(1.)The Police registered the FIR in Crime No.68/2017 against the petitioner alleging that he is the Director of the Attica Gold
Pvt. Ltd has committed an offence punishable under Ss. 380, 454, of IPC, for having received the stolen property. The police after investigation submitted a charge sheet. The learned
Magistrate after accepting the charge sheet took cognizance of
the offence punishable under Ss. 454, 380, 411 and 414 of
IPC and issued summons. Taking exception to the same, this
petition is filed.
(2.)Learned counsel for the petitioner submits that the petitioner ceased to be the Director of the company on
1/1/2016 which is evident from Form No.DIR-11 submitted by the petitioner with the Registrar of Companies. Hence he
submits that the alleged incident has taken place after the
petitioner ceased to be Director of the said company and as such
the charge sheet filed against the petitioner is impermissible.
(3.)Learned HCGP submits that the petitioner being the Director of the company has received stolen property from the
accused and as such has committed the offence alleged against
him and at this stage, the FIR registered against the petitioner
and the charge sheet submitted against the petitioner does not
warrant any interference and sought for dismissal of the petition.
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