Ramesh Kumar Dua VS State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ARUN KUMAR JHA
Ramesh Kumar Dua – Appellant
Versus
State of Bihar – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Kaushal Kumar Jha, Sr. Advocate, Mrs. Soni Shrivastava, Advocate
For the State:Mr. Jharkhandi Upadhyay, Advocate
For the O.P. No.2:Mr. Sanjay Kumar Ghosarvey, Advocate

JUDGMENT (ORAL)

Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the opposite party no.2.

2. This application has been filed by the petitioners for quashing the order dated 27.03.2017 passed by the learned Judicial Magistrate, Patna in connection with Complaint Case No. 2341 (c)/2011 registered for the offences under Section 201, 465, 467, 468, 471, 477A, 120B and 34 of the Indian Penal Code whereby and whereunder the learned trial court has rejected the application filed by the petitioners under Section 205 of the Code of Criminal Procedure for dispensing with their personal appearance/ attendance in the aforesaid complaint case.

3. The case of the prosecution as per the complaint petition is that the complainant had earlier filed a complaint case being Complaint Case No. 242 (c) of 2007 against the petitioners no. 1 to 5 wherein the cognizance was taken under Sections 420 and 406 of the Indian Penal Code. It is further alleged that an anticipatory bail application was filed by the petitioners no. 1 to 5 vide A.B.P. No. 7063 of 2007 along with certain annexures. It is further alleged that on the basis of certain forged documents,