Patna High CourtCR. MISC./33601/2012allowed

Mohan Himmatsingka And ANR v. State Of Bihar And ANR

2015-02-13Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33601 of 2012 Arising Out of PS.Case No. -386 Year- 2008 Thana -null District- VAISHALI(HAJIPUR) ===========================================================

1. Mohan Himmatsingka S/O Late Jivan Himmatsingka Director, Maurya Motors Ltd. Plot No.C-1, Industrial Area, Pataliputra, Police Station Pataliputra, Patna-13

2. Shailesh Kumar @ Shailesh Singh S/O Jaya Nandan Prasad Singh Resident Of Plot No.C-1 Industrial Area, Pataliputra, Police Station Pataliputra, Patna-13 .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Avinash Kumar Singh S/O Sri Arvind Kumar Singh Resident Of MohallaYarpur Rajputana, Patna At Present Residing At Andarkila Hazipur, Police Station Town Hazipur, District- Vaishali .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 13-02-2015 The petitioners seek quashing of the order dated 05.08.2008 passed by the Judicial Magistrate 1st Class, Vaishali Hazipur in Complaint Case No. 386 of 2008.

The case of the complainant is that he had purchased a vehicle after taking loan from Tata Finance. The petitioners' company had supplied the said vehicle. Later on some dispute arouse between the financer and the complainant over papers and then the vehicle was seized.

It has been submitted on behalf of the petitioners that evidently in the facts of the case no offence whatsoever was made out against them. Notices have been issued to the opposite party no. 2 but none appears on his behalf.

Considering the aforesaid aspects, the application stands allowed.

Patna High Court Cr.Misc. No.33601 of 2012 dt.13-02-2015 2/2 the order dated 05.08.2008 passed by the Judicial Magistrate 1st Class, Vaishali Hazipur in Complaint Case No. 386 of 2008 is hereby set aside. (Anjana Prakash, J) Prakash/- U T