Bhushan Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48148 of 2012 Arising out of P.S. Case No. -2263 Year- 2012 Thana - Complaint Case District- Muzaffarpur ======================================================== Bhushan Kumar Singh S/o Sri Ramswarath Singh Resident of Krishnapur Shekhpur, Akhara Ghat Road, P.S.- Ahiyapur, Dist.- Muzaffarpur, At Present Working As The Branch Manager, Canara Bank, Juran Chapra Branch, Muzaffarpur, Distt.- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar & Anr .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Onkar Kumar, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 01-12-2015 The Petitioner seeks quashing of the FIR of Brahampur P.S. Case No. 164 of 2012 arising out of Complaint Case No. 2263 of 2012 pending before the Chief Judicial Magistrate, Muzaffarpur.

The case of the Complainant is that the Informant was a loanee of the Bank where the Petitioner was the Branch Manager and he had taken loan of certain amount of money which he was unable to pay thereafter a compromise was arrived at between the Bank Officials and the Informant at which the Informant repaid the amount. The Bank Officials however did not return the documents and instead sent him a legal notice for deposit of interest amount.

Patna High Court Cr.Misc. No.48148 of 2012 dt.01-12-2015 It has been submitted that if, at all, a legal notice was sent it was open to the Informant to go to the Bank and explain instead of instituting a First Information Report.

On the last occasion, notices had been issued to the Informant who has appeared and states that since the Bank Officials had harassed him they should be put on trial.

Having considered the contents of the First Information Report, the application is allowed and the further proceeding of FIR of Brahampur P.S. Case No. 164 of 2012 arising out of Complaint Case No. 2263 of 2012 pending before the Chief Judicial Magistrate, Muzaffarpur is, hereby, set aside without prejudice to the right of the parties.

The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T