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Patna High CourtCR. MISC./6505/2022dismissed

Brajesh Kumar Gupta @ Brijesh Kumar Gupta v. The State Of Bihar

2022-05-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6505 of 2022 Arising Out of PS. Case No.-1327 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Brajesh Kumar Gupta @ Brijesh Kumar Gupta, Son of Late Raghubir Prasad, R/O - Mahabat Toli, Bettiah, P.S.- Bettiah, District- West Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Ashok Kumar, Son of Dr. Narayan Bhagat Proprieter Of M/S Swarnim Enterprises, Kolu Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Madhav Raj, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The present application has been filed for quashing of the order dated 20.06.2018 passed by learned Chief Judicial Magistrate, Muzaffarpur, in Complaint Case No. 1327 of 2018, by which the learned Magistrate has taken cognizance of offences under Section 420 of the Indian Penal Code against the petitioner.

Patna High Court CR. MISC. No.6505 of 2022(2) dt.05-05-2022 2/2 After going through the Complaint Petition and the impugned order, this Court comes to a prima facie finding that no case for interference is made out. Further, the petitioner has not been able to make out a case for quashing of the impugned order dated 20.06.2018 taking cognizance against him. Accordingly, this quashing petition stands dismissed.

Since this case is of the year 2018, the Court below is directed to proceed in the trial without granting unnecessary adjournment to either of the parties.

(Sandeep Kumar, J) pawan/- U T