Court No. - 54 Case :- APPLICATION U/S 482 No. - 24126 of 2010 Petitioner :- V. Chandrakeshkaran Respondent :- State Of U.P. & Another Petitioner Counsel :- Puneet Srivastava,Anuj Bajpai Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant, learned A.G.A. as well as Sri R.N.
Rai, learned counsel for the respondent and have perused the complaint
(annexure No. 1) lodged by Smt. Seema Parveen.
The applicant, through the present application under Section 482 Cr.P.C. has
invoked the inherent jurisdiction of this Court with the prayer that the
proceeding of case no. 214/2010 (Smt. Seema Vs. Chandrakeshkaran and
others), under Sections 406, 420, 120-B, 504, 506 I.P.C., P.S. Sadar Bazar,
District Saharanpur pending in the court of C.J.M., Saharanpur be quashed.
It is contended by learned counsel for the applicant that it is a dispute
primarily of transfer of shares. Under the orders of Madras High Court, the
company had changed its nomenclature. The grievance of the applicant is that
after change of name, the shares held by her should have been transferred in
the newly formed company, which has not been done. It is a dispute, which is
covered under the SEBI Act. Constitution of Security and Exchange Board is
meant for this purpose. It is pure and simple case of transaction and transfer
and entitlement of shares. There is no criminality or mensrea attached with it.
Applicant, instead of going before SEBI or Company Law Board has filed the
present complaint.
Sri Ravindra Nath Rai, counsel for the respondent as well as learned AGA are
directed to file counter affidavit within three weeks. Applicant will have the
same time to file rejoinder affidavit.
List this case in the week commencing 19.10.2010 before the appropriate
Bench.
Till the next date of listing, further proceedings of the aforesaid complaint
case shall remain stayed against the applicant.
Applicant will not leave the country without permission of the Court.
Order Date :- 3.8.2010
AKG/-