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Patna High CourtCR. MISC./17251/2017allowed

Upendra Kumar And ANR v. State Of Bihar And ANR

2024-02-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17251 of 2017 Arising Out of PS. Case No.-2343 Year-2010 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Upendra Kumar Son of Late Jagdish Kumar Resident of F - 74 East of Kailash, New Delhi - 110065.

2.

Prabha Kumari @ Prabha Rai wife of Rajeev Rai Resident of A - 149, Pandara Road, P.S. - Tilak Marg, New Delhi - 110003. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

M/S Sunder Nagar Girah Nirman Sawablambi Sahkari Samiti Limited, Patna through the President Ashok S/o Late Krishan Ballabh Prasad Singh Nilam R/o Azad Bhawan Shivpuri, P.S. Shastri Nagar, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surinder Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-02-2024

1. Heard the learned counsel for the petitioners and the learned APP for the State along with learned counsel for the O.P. No.2 Mr. Santosh Kumar Pandey.

2. The learned counsel for the O.P. No.2 at the outset submits that he has instructions on behalf of the O.P. No.2 to make submission that the O.P. No.2 shall have no objection in the event if the quashing application is allowed and the order impugned is quashed. It is further submitted that even the cognizance has been taken under compoundable sections.

3. The learned counsel for the petitioners also agrees

Patna High Court CR. MISC. No.17251 of 2017(5) dt.01-02-2024 2/2 with the submissions of the learned counsel for the O.P. No.2.

3. Considering the submissions made by the learned counsel appearing on behalf of the O.P. No.2, the order dated 28.01.2017 passed in Cr. Revision No.40/2016 affirmed the order dated 21.01.2011 passed by the learned J.M. 1st Class, Patna in Complaint Case No.2343(c) of 2010, whereby cognizance of offence under Sections 420, 468, 471 and 120B of the Indian Penal Code was taken, is hereby quashed. (Satyavrat Verma, J) amit/- U T