Vinay Sarawgi @ Binay Sarawgi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62860 of 2019 Arising Out of PS. Case No.-29358 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Vinay Sarawgi @ Binay Sarawagi Son Of Late Hanuman Sarawgi Resident Of Village - Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, Dist.- Ranchi.

2.

Rajiv Ranjan Bakshi Son Of Vinod Kumar Bakshi Resident Of Village - Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, Dist.- Ranchi.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ram Niwas Kumar Son Of Sri Rambachan Sharma, Resident Of Village - Chandmari Road, P.S.- Kankarbagh, Dist.- Patna. Proprietor Of M/S Ganpati Enterprises.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23467 of 2019 Arising Out of PS. Case No.-1490 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Binod Sarawgi Son Of Late Hanuman Sarawgi Resident Of Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.

2.

Bishwanath Sarawgi Son Of Late Hanuman Sarawgi Resident Of Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.

3.

Bijay Sarawgi Son Of Late Hanuman Sarawgi Resident Of Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.

4.

Leela Sarawgi Wife Of Bijay Sarawgi Resident Of Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.

5.

Binay Sarawgi Son Of Late Hanuman Sarawgi Resident Of Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.

6.

Rajiv Ranjan Bakshi Son Of Vinod Kumar Bakshi Resident Of Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.

7.

Aditya Sarawgi @ Aditya Sharma Son Of Sri Bijay Sarawgi Resident Of Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.

2/4 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ram Niwas Kumar Son Of Late Rambachan Sharma Resident Of Mohalla - Chandmari Road, P.S.- Kankarbagh, District - Patna Proprietor Of M/S Ganpati Enterprises, Shalimar Cold Storage, Anisabad, P.S.- Beur, District - Patna.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65206 of 2019 Arising Out of PS. Case No.-29357 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Vinay Sarawgi @ Binay Sarawgi Son Of Late Hanuman Sarawgi Resident Of Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.

2.

Rajiv Ranjan Bakshi Son Of Vinod Kumar Bakshi Resident Of Swastik Fruits Products Pvt. Ltd., Swastik House, Upper Bazar, P.S.- Kotwali, Ranchi, District - Ranchi.

... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Ram Niwas Kumar Son Of Sri Rambachan Sharma Resident Of Mohalla - Chandmari Road, P.S.- Kankarbagh, District - Patna Proprietor Of M/S Ganpati Enterprises.

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

(In CRIMINAL MISCELLANEOUS No. 62860 of 2019) For the Petitioner/s :

Mr. Vinay Mistry, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad (In CRIMINAL MISCELLANEOUS No. 23467 of 2019) For the Petitioner/s :

Mr. Vinay Mistry, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary (In CRIMINAL MISCELLANEOUS No. 65206 of 2019) For the Petitioner/s :

Mr. Vinay Mistry, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-03-2025 Ref:- Cr. Misc. No. 62860 of 2019 This application has been filed for quashing of the

3/4 order dated 14.02.2019 passed by the learned ACJM-VII, Patna in Complaint Case No. 29358© of 2014 by which the privilege granted to the petitioners under Section 205 of the Cr.P.C. has been recalled and the office is directed to issue non-bailable warrant for appearance of the petitioners and accordingly the non-bailable warrant has been issued on 10.07.2019.

2. It has jointly been submitted by both the parties that the matter has been settled between them.

3. In these circumstances, this application is allowed. Accordingly, the order dated 14.02.2019 passed by the learned ACJM-VII, Patna in Complaint Case No. 29358© of 2014 is hereby quashed.

Ref:- Cr. Misc. No. 23467 of 2019 This application has been filed for quashing of the order dated 17.01.2019 passed by Ex-Munsif-cum-Judicial Magistrate 1st Class, Patna in Complaint Case No. 1490(C) of 2015 by which petition under Section 205 of the Cr.P.C. filed by the petitioners has been rejected.

2. It has jointly been submitted by both the parties that the matter has been settled between them.

3. In these circumstances, this application is allowed. Accordingly, the order dated 17.01.2019 passed by Ex-Munsif-

4/4 cum-Judicial Magistrate 1st Class, Patna in Complaint Case No. 1490(C) of 2015 is hereby quashed.

Ref:- Cr. Misc. No. 65206 of 2019 This application has been filed for quashing of the order dated 06.04.2019 passed by the ACJM-VII, Patna in Complaint Case No. 29357(c) of 2014 by which petition under Section 205 of the Cr.P.C. filed by the petitioners has been rejected.

2. It has jointly been submitted by both the parties that the matter has been settled between them.

3. In these circumstances, this application is allowed. Accordingly, the order dated 06.04.2019 passed by the ACJMVII, Patna in Complaint Case No. 29357(c) of 2014 is hereby quashed.

(Sandeep Kumar, J) Shishir/- U T