Abhimanyu Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.560 of 2018 ====================================================== Abhimanyu Singh, son of Brijnandan Singh, resident of Flat No. 204, B'Block, S.B. Residency, Sheikhpura, P.S. Hawai Adda, Patna-800014 .... .... Petitioner
Versus
1. The State of Bihar .. O.P. 1st Set
2. Brijnandan Singh, son of Late Brahmdeo Singh
3. Manik Ral Devi, W/o Brijnandan Singh
4. Neha Singh, W/o Manoj Singh, opposite party Nos. 2 to 4 are residents of Brijnandan Bhawan, Durga Bari Road, near Saint Paul School, P.S. Civil Line, District Gaya- 823001
5. Sitapati Chakhaiyar, son of Late Pashupati Nath Chakaiya, resident of Road No. 6, White House compound, P.S. Rampur, District Gaya
6. State Bank of India, through its Chairman, State Bank Bhawan, 14th Floor, Nariman Point, Mumbai-21
7. Diwakar Prasad Singh, son of not known to the petitioner the then Chief Manager, State Bank of India, SME Dakbunglow Branch, 3rd Floor Govind Bhawan, P.S. Kotwali, District Patna
8. H.D.F.C. Bank Ltd. through its Managing Director, H.D.F.C. Bank House Senapati Bapat Marg, P.S.N.M. Joshi Marg, Lower Parel (West), Mumbai- 400013
9. Vivek A. Khanna, son of not known to the petitioner the then Manager inventory Finding, H.D.F.C. Bank Limited, Auto Loan Depestment, Gilander House, 1st Floor, Block No. A, 8 N.S.Road, P.S. Hare street, Kolkatta-700001
10. M/s Brijnandan industries Pvt. Ltd. Head Office at Flat No. 604, Gagan Apartment, Exhibition Road, P.S. Gandhi Maidan, Town and District Patna-800001
11. Shashank Kumar, son of Shashi Kumar Sinha, by Profession Chartered Accountant, Statutory Auditor (as claimed by him) of M/s Brijnandan Industries Pvt. Ltd. resident of near Yashi Maa Mandir, Ghughritand, P.S. Vishnupad, District Gaya
12. Saurabh Sundark, son of Ashok Sundarka by profession Chartered Accountant, resident of Flat No. 202, Gomti Vihar Apartment, Parwati Path, Chitragupt Nagar, P.S. Patrakar Nagar, Kankarbagh, Dist. Patna
13. Manoj Singh (Director, Brijnandan Industries Pvt. Ltd.), son of Sri Brijnandan Singh, presently residing at Flat No. 604, Gagan Apartment, Exhibition Road, P.S. Gandhi Maidan, Town and District Patna. Permanent resident of Brijnandan Bhawan, Durga Bari Road near St. Paul School, P.S. Civil Line, District Gaya.. O.P. 2nd Set .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Sharan For the Respondent/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2018 This revision application has been filed against the order dated 6.2.2018 passed in Complaint Case No. 3484(C) by Smt.
Patna High Court CR. REV. No.560 of 2018 (3) dt.09-10-2018 2/2 Madhwi Singh, Judicial Magistrate, 1st Class, Patna by which learned court below has taken cognizance of the offence only against opposite party Nos. 11, 12 and 13 and no cognizance has been taken against other accused persons.
Learned counsel for the petitioner has submitted that there is allegation against other accused persons also and their involvement is also there but in spite of that cognizance has not been taken against them.
Heard learned APP, learned counsel for State Bank of India and learned counsel for HDFC Bank. They have opposed the revision application.
Having heard the parties and without going into the merit of the case, this application is disposed of with a direction that during trial if evidences come against the other accused persons, against whom cognizance has not been taken, petitioner is at liberty to move before the trial court for summoning the accused persons in this case.
With the above observation, this revision application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T