Patna High CourtCR. MISC./51986/2014allowed

Mihir Kumar Jha @ Mihir Jha And ORS v. State Of Bihar And ANR

2015-05-21Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 51986 of 2014 Arising out of P.S. Case No. -1272 Year- 2013 Thana -PATNA COMPLAINT CASE District- PATNA ========================================================

1. Mihir Kumar Jha @ Mihir Jha S/o Late Anand Kishore Jha Director, Man Care Laboratories Pvt. Ltd., Plot No. 11, Pharmacity, Selaqui, Dehradun - 248197, State of Uttarakhand.

2. Sunil Mishra S/o Sri Dinesh Chandra Mishra Marketing Director, Man Care Laboratories Pvt. Ltd., Plot No. 11, Pharmacity, Selaqui, Dehradun - 248197, State of Uttarakhand.

3. C.B. Mishra S/o Ram Charitra Mishra Man Care Laboratories Pvt. Ltd., Plot No. 11, Pharmacity, Selaqui, Dehradun - 248197, State of Uttarakhand.

4. Niraj Kumar Verma S/o Harendra Prasad Shri Krishna Nagar, St. Kabir Path Bannu Chappra, back side of G.P. High School, Bettiah.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Birendra Kumar S/o Late Jata Shankar Singh C AND F Agent of Mancare Laboratories (P) Ltd. and Proprietor of Gayatri Pharma, Maitri Sadan, House No. 36, Income Tax Colony, Bhoot Nath Road, Bahadurpur Housing Colony, Town AND District - Patna - 800026.

.... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Manish Jha, Adv.

For the Opposite Party/s : Mr. S. Ehteshamuddin, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 21-05-2015 The Petitioners seek quashing of the order dated 13.08.2014 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1272(C) of 2013 by which he has refused an application under Section 205 Cr.P.C. It has been submitted on behalf of the Petitioners that the Petitioners belong to Uttarakhand and it is not possible for them to appear in the case at Patna

Patna High Court Cr.Misc. No.51986 of 2014 dt.21-05-2015 on each date. They undertake that they will present themselves as and when the Court requires them to do so.

Having considered the aforesaid undertaking, the order dated 13.08.2014 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1272(C) of 2013 is, hereby, set aside.

The Petitioners shall file an undertaking before the Court below that they will be present as and when it is necessary.

The Application stands allowed Vikash/- (Anjana Prakash, J.) U T