Patna High CourtCR. MISC./57565/2024allowed

Srivani Mullapudi v. The State Of Bihar

2024-08-29Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57565 of 2024 Arising Out of PS. Case No.-1672 Year-2011 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SRIVANI MULLAPUDI WIFE OF MULLAPUDI SRIRAMACHANDRA VENKATA KRISHNA RANGA RAO RESIDENT OF 6-3-251/4, BALAPURA, P.S. - BANJARA HILLS, ROAD NO.1, HYDERABAD, TELANGANA - 500082 ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR 2.

B.M.W. ENTERPRISES (A UNIT OF JAI BASUKNATH TRADERS PRIVATE LIMITED) A PROPRIETARY CONCERN HAVING IS PLACE OF BUSINESS AT FIRST FLOORM MONA CINEMA COMPLEX, EAST GANDHI MAIDAN, PATNA - 800004 THROUGH ITS AUTHORIZED REPRESENTATIVE NAMELY RAKESH KUMAR RAMPURIA, AGEDA ABOUT 41 YEARS, SON OF N.K. RAMPURIA, RESIDING AT - FLAT NO. 31, 5TH FLOOR, GALAXY APARTMENT, BEHIND ALPANA MARKET, NEW PATLIPUTRA COLONY, P.S. - PATLIPUTRA COLONY, PATNA - 800013 3.

PROGRESSIVE CONSTRUCTIONS LIMITED 7TH FLOOR, RAGHAVA NORTH BLOCK, RAGHAVA RATNA TOWERS, CHIRAG ALL LANE, ABIDA, HYDERABAD, 500001 (ANDHRA PRADESH) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Anand Tiwari, Sr. Adv.

Mr. Avinash Tripathi Mr. Abhinav Raghuvanshi Mr. Rajat Tiwary Mrs. Deepika Sharma For the Opposite Party/s :

Mr. Parmeshwar Mehta For the O.P. No. 02 :

Mr. Abhishek Kumar Mr. Gautam Kejriwal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-08-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Opposite Party No. 02.

Patna High Court CR. MISC. No.57565 of 2024(3) dt.29-08-2024 2/3

2. By way of this application, the petitioner has prayed for setting aside/ quashing the following orders:- (i). Non-Bailable warrants dated 7.5.2012 and 18.03.2024 issued by the learned Judicial Magistrate, First Class, Patna Sadar, Patna in Complaint Case No. 1672 C of 2011.

(ii). Order dated 28.09.2011 passed by the learned Judicial Magistrate, First Class, Patna Sadar, Patna in Complaint Case No. 1672 C of 2011.

(iii). Summon dated 3.12.2011, Bailable Warrant dated 10.02.2012, Non-Bailable Warrants Dated 7.5.2012 and 18.3.2024, order issued under Section 82 of the Code of Criminal Procedure, 1972 dated 06.09.2012 and order issued under Section 83 of the Code of Criminal Procedure, 1972 dated 5.11.2012.

3. The opposite party no. 03 i.e. the Progressive Constructions Limited 7th Floor, Raghava North Block, Raghava Ratna Towers, Chirag All Lane, Abida, Hyderabad, 500001, Andhra Pradesh has handed over the demand draft to the opposite no. 02 i.e. the complainant and the photocopy of the demand draft is taken on record.

4. Since the dispute has been settled between the parties and the complainant has got his money, the complainant does not want to proceed any further with the Complaint Case No. 1672C of 2011.

5. In view of the above, this application is allowed.

Patna High Court CR. MISC. No.57565 of 2024(3) dt.29-08-2024 3/3

6. Accordingly, the non-bailable warrants dated 07.05.2012 and 18.03.2024, order dated 28.09.20211, summons dated 3.12.2011, bailable warrant dated 10.02.2012, order dated 06.09.2012 and order dated 05.11.2012 are hereby quashed with regard to all accused persons.

(Sandeep Kumar, J) Vikas/- U T