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By means of present C482 application,
applicant has sought quashing of charge sheet dated
19.01.2023 filed in FIR No.26 of 2021 and entire criminal
proceedings of Criminal Case No.91 of 2023, State Vs.
Sudhir Ahuja, under Sections 420, 418 and 270 of IPC
registered with Police Station Dharchula, District
Pithoragrah, pending in the court of learned Judicial
Magistrate Ist Class, Dharchula, District Pithoragarh and
summoning order dated 09.08.2023.
2. Facts of the case in brief are that the applicant
is engaged in the business of supplying medical
equipments in the name and style of “S.K. Enterprises”
having its registered office at Delhi. During the pandemic
COVID-19 respondent no.2 placed a demand order dated
09.03.2021 for many equipments and to the said demand
applicant’s firm supplied the goods on 23.03.2021. On
receiving all equipments from the applicant, respondent
no.2 put all the material before duly constituted four
members committee – Chief Pharmacist CMSD Store
Pithoragarh, Senior Medical Officer CMSD Store
2025:UHC:4763
Pithoragarh, Chief Medical Superintendent, District
Hospital Pithoragarh and respondent no.2-Chief Medical
Officer, Pithoragarh – for testing their quantity and
quality, which were found to be used and stained with
blood marks, on which respondent no.2 filed a complaint
against applicant on 05.06.2021 which was registered as
FIR No.26 of 2021. On the said F.I.R. a charge sheet was
submitted against applicant-Sudhir Ahuja under
Sections 420, 270 and 418 of IPC dated 19.01.2023 on
which court took cognizance on 13.07.2023 against the
applicant and issued summons against him on
09.08.2023. Feeling aggrieved by the said order applicant
is before this Court.
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