Tata Motors Finance Limited v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35076 of 2011 Arising Out of Complaint Case No. -140(c) Year-201l District- PATNA =========================================================== Tata Motors Finance Limited, Adharshila Complex, Gandhi Maidan, Patna & Ground Floor, K.D. Vihar, Infront of Luxmi Nursing Home, East Boring Canal Road, Patna, through authorized representative, Mr. Nishant Kumar, S/o Dr. S.S. Prasad, posted as Legal Co-ordinator, TATA Motors Finance Limited, 601-602, 6th Floor, Kashi Place, Dak Bunglow Chowk, P.S.-Kotwali, Town & District-Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Rakesh Kumar Miloo, S/o Sri Jang Bahadur Vidhyarthi, resident of Mohalla-Pitambara Mandir Colony, P.S.-Alamgaunj Town & District-Patna. .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner/s : Mr. Amaresh Kumar Sinha, Advocate Mr. Dayanand Singh, Advocate For the Opposite Party no.2 : Mr. Rakesh Ranjan, Advocate For the State : Mr. Jharkhandi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 23-11-2017 Heard Mr. Amaresh Kumar Sinha, learned counsel for the petitioner, Mr. Rakesh Ranjan, learned counsel appearing for the complainant-opposite party no.2
2. This application under Section 482 of the Code of Criminal Procedure (for short 'Cr. P.C.') has been filed for setting aside the order dated 12.03.2010 passed by the learned Judicial Magistrate-1st Class, Patna in Complaint Case No.140(C)
Patna High Court Cr.Misc. No.35076 of 2011 dt.23-11-2017 of 2010 whereby the learned Judicial Magistrate has summoned the petitioner and seven others to face trial for the offences punishable under Sections 420 and 385 of the Indian Penal Code.
3. At the outset, it is informed to the Court that the Managing Director, Tata Motors Limited, who was also summoned along with the petitioner in the present case vide impugned order dated 12.03.2010 had preferred another application under Section 482 of the Cr. P.C. before this Court vide Cr. Misc. No. 28308 of 2014 for setting aside the aforesaid summoning order and a Bench of this Court vide order dated 06.09.2017 allowed the prayer and the order dated 12.03.2010 passed by the learned Judicial Magistrate-1st Class, Patna in Complaint Case No. 140(C) of 2010 has already been quashed.
4. In that view of the matter, since the instant application has become infructuous, it is disposed of. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.11.2017 Transmission Date 24.11.2017