Prabhat Kumar Suman v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14159 of 2013 Arising Out of PS.Case No. -129 Year- 2008 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Prabhat Kumar Suman S/O Hira Seth Resident Of Mohalla- Pirpainty, Shemari Bazar, Police Station- Pirpainty In The District Of Bhagalpur. .... .... Petitioner/s
Versus
The State Of Bihar and another.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gopal Prasad Roy,Advocate. For the Opposite Party/s : Mr. Suman Kumari Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner, learned counsel appearing for the O.P. No.2 and learned A.P.P. for the State.
The petitioner seeks quashing of the order dated 8.6.2010 by the Judicial Magistrate, 1st Class in Complaint Case No.129 of 2008 by which cognizance under Sections 323/ 406 and 504 of the Indian Penal Code has been taken against the petitioner. The prosecution case based on complaint petition is that the O.P. No.2 had applied for loan against which he received the Tractor from the petitioner's proprietorship Firm. The prosecution case further is that a sum of Rs.10,000/- was taken by the petitioner and another for supply of the trailor but on repeated request for return of money the petitioner was altercated by
Patna High Court Cr.Misc. No.14159 of 2013 (4) dt.16-07-2015 2/2 O.P.No.2 along with another.
So far as the allegations of documents which were to be supplied to the O.P. No.2 had subsequently been supplied which is evident from the complaint case itself. Counsel for the petitioner further submits that the O.P.No.2 could not show as to whether and what amount of K.C.C. loan and for what purpose the K.C.C. loan was taken. Be that as it may, the petitioner may, if so desire, may raise all such points before the Judicial Magistrate, 1st class, Bhagalpur where Complaint Case No.129/08 is pending. This application is dismissed.
(Nilu Agrawal, J) AnilKrSinha/- U T