Plash Incense House And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25805 of 2017 Arising Out of PS. Case No.-238 Year-2008 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Plash Incense House 2.

Nirmal Goyal, Director, Flash Incense House.

3.

Chandu Goyal @ C.P. Goyal Chandra Prakash Goyal, Director Woner, All resident of Plash Incense House 13-14 R.N.T. Marg Tigor Center Daba Bazar Frant Block Second Dloor Indor, P.O.- Daba Bazar, P.S.- Chabni, District- Indor Madhya Prades.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Sanjay Kumar Gadodiya, son of Late Bishwanath Gadodiya, resident of Gadodiya Bhawa, P.O.- Hajiganj, P.S.- Chowk, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijoy Kant Mishra, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The present quashing application has been filed seeking quashing of the entire proceeding arising from Complaint Case No. 238 of 2008, including the order dated 12.02.2009 passed by the learned Judicial Magistrate, 1st Class, Patna City whereby cognizance has been taken under Sections 403, 417, 323, 504 and 120B of the IPC.

3. The learned counsel for the petitioners fairly submits that process under Sections 82 and 83 of the Cr.P.C.

Patna High Court CR. MISC. No.25805 of 2017(2) dt.05-10-2023 2/2 has been issued against the petitioners.

4. In the nature of prayer made and the fact that process under Sections 82 and 83 of the Cr.P.C. has been issued, the Court is not inclined to entertain the quashing application.

5. Accordingly, the present quashing application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T