Ashok Jang Bahadur v. The State Of Bihar Andanr

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.291 of 2011 Arising Out of Complaint Case No. 1168(C) Year 2002 District- PATNA ==================================================== Ashok Jang Bahadur Late Ram Sewak Prasad R/O,Mohll.-Shivpuri,P.O. & P.S.-Shastrinagar,Dist.-Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Bindeshwari Prasad Choudhary Late Tej Narain Choudhary Vice President Srikrishnanagar Niwari Singh President Of L.I.C. House No.-98,Road No.-2,S.K.Nagar,P.S.-Budha Colony,Dist.-Patna .... .... Opposite Party/s ==================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

==================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 18-04-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 26.9.2002 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 1168(C) of 2002.

The case of the Complainant is that the accused assured to return Rs.6,50,000/- which he had taken as excess payment as fees as an advocate for him but he did not do so and hence the Complaint of cheating.

Having considered the absurd nature of allegation, the application is allowed and the Proceeding including the order dated 26.9.2002 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 1168(C) of 2002, is hereby set aside. (Anjana Prakash, J) S.Ali/-