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Patna High CourtCR. MISC./5039/2019allowed

Ketan Soparkar And ANR v. The State Of Bihar And ANR

2023-08-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5039 of 2019 Arising Out of PS. Case No.-461 Year-2007 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Ketan Soparkar and Anr Chandrakant Soparkar Resident of Plot No. 369,Old UTI Building, Andheri East, P.S.- Andheri, Mumbai 2.

Santosh Verma Late Mahendra Kali Prasad Resident of 467/12 Punamchand Marwari Chaul, P.S.- Kurla West, Mumbai ... ... Petitioner/s

Versus

1.

The State Of Bihar and Anr Bihar 2.

Dharmraj Prasad Verma Late Shankar Prasad Resident of 106 Naval enclave, north park road, Thakurwari Road, P.S.- kadamkuan, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjani Kumar Jha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-08-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

2. This application is filed for quashing the order dated 21.02.2018 passed by the Court of learned Sub-JudgeXIV-cum-ACJM, Patna, whereby cognizance order dated 12.10.2007 has been signed and validated with effect from 12.10.2007 in connection with complaint case no. 461(C)/2017.

3. It has been submitted by the learned counsel for the petitioners that the petitioners stay in Mumbai and processes have been issued against the petitioners without service of summons and service of bailable as well as non bailable warrant of arrest.

Patna High Court CR. MISC. No.5039 of 2019(2) dt.25-08-2023 2/2

4. It has been further submitted that petitioner will appear and participate in the trial and will cooperate in the trial.

5. In view of the aforesaid submission in the interest of justice, this application is allowed. Accordingly, the order dated 21.02.2018 passed by the Court of learned Sub-JudgeXIV-cum-ACJM, Patna, in connection with complaint case no. 461(C)/2017 is hereby quashed.

(Sandeep Kumar, J) Sunnykr/- U T