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Patna High CourtCR. MISC./33029/2014dismissed

Sheikh Md. Hafizur Rahman And ANR v. The State Of Bihar

2017-08-29Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33029 of 2014 Arising out of P.S. Case No.201 Year 2010 Thana KANTI THARMAL POWER District MUZAFFARPUR ===========================================================

1. Sheikh Md. Hafizur Rahman Son of Late -Mazharul Haque

2. Phul Jahan Begum Wife of - Sheikh Md. Hafizur Rahman Both resident of Village & P.O. Umapath Basant , P.S. -Aurai , District -Muzaffarpur .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party =========================================================== Appearance :

For the Petitioners :

Mr. Amir Alam, Advocate For the State :

Md. Mushtaque Alam, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 29-08-2017 Heard learned counsel for the parties.

2. The petitioners have filed this application for quashing order dated 01.11.2013, passed by learned S.D.J.M., (West) Muzaffarpur in Kanti P.S. Case No.201 of 2010 whereby cognizance has been taken under Sections 406, 420, 423 and 468 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that no criminal offence is made out taking into consideration the entire allegation levelled in the FIR. Only allegation against the petitioner no.2 is that she used to go to the informant's house along with petitioner no.1.

4. Learned counsel for the State submits that as per the allegation, the petitioners induced the informant to make investment

Patna High Court Cr.Misc. No.33029 of 2014 dt.29-08-2017 2 /2 in purchase of trucks but no any share of profit was given to him and further allegation is that forcibly signature of the informant was taken on a document regarding dissolution of partnership.

5. Having considered rival submissions of both sides and on perusal of records, this Court finds that it is not the case that no offence is made out considering the allegations made in the FIR and the material collected during investigation, so this application stands dismissed.

(Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.08.2017 Transmission Date 31.08.2017