Patna High CourtCR. MISC./46677/2013allowed

Ram Gopal Prasad And ANR v. State Of Bihar And ANR

2017-08-09Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46677 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN ===========================================================

1. Ram Gopal Prasad, S/O Late Ragunath Prasad.

2. Kalawati Devi, W/O Sri Ram Gopal Prasad Both Resident Of Mohalla- Purani Gurhatti, Sahebganj, P.S.- Chapra, DistrictSaran At Chapra. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Branch Manager, Punjab National Bank, Hathuwa Market Branch, Chapra, District- Saran At Chapra .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Adv. Mr.Md. Hussamuddin Azad, Adv.

For the Opposite Party no.1: Mr. Rajeev Nayan, APP For the Opposite Party no.2: Mr.Mahesh Narayan Parbat, Sr.Adv. Mr.Ved Prakash Srivastava, Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 09-08-2017 Heard the parties.

Learned senior counsel appearing on behalf of the Punjab National Bank (Opposite Party no.2) has very fairly submitted that the petitioners have already deposited the compromise amount, although some official approvals are under going and are likely to be processed soon, but for that reason the petitioners should not suffer. A perusal of the First Information Report would show that the Bank had lodged the FIR giving rise to Chapra Town P.S. Case No.278 of 2013 dated 23.09.2013 under Sections 406, 420, 467,

Patna High Court Cr.Misc. No.46677 of 2013 dt.09-08-2017 468, 471, 472 and 120B of the IPC against the petitioners on the allegations that the petitioners had defaulted in the matter of payment of installments in the loan account and at the same time had also sold away the hypothecated goods.

Since the compromise has already arrived at and the petitioners have deposited the compromise amount, no fruitful purpose will be served by continuation of the present proceeding. Thus, in the interest of justice, let the First Information Report being Chapra Town P.S. Case No.278 of 2013 be quashed. This application stands allowed.

(Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date 11.08.2017 Transmission Date 11.08.2017