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1995 Supreme(Pat) 305

N.K.SINHA
Rej Keval Sharma – Appellant
Versus
State Of Bihar – Respondent


Judgment

N.K.Sinha, J.

1. The petitioners in their application under Section 482, CrPC prayed for quashing of prosecution of petitionerNos. 1 and 2 for offences under Section 188 and 447, IPC pending before the sub-divisional Judicial Magistrate, Patna City.

2. The facts relevant for disposal of this application may only be stated. Petitioner Nos. 1 and 2 are the Chairman and the Secretary respectively of Alka Sahnkari Grih Nirman Samiti Ltd., Patna, (hereinafter referred to as the Society) which is g body corporate and can institute and defend suit and other legal prccceedings. The Society has joined the application as petitioner No. 3. The Sub-divisional Magistrate O.P. No. 2 drew a proceeding under Section 144 Cr, P. C. on 24-12-1992 between Rita Singh O. P. No. 5 who was the first party and petitioner No. 1 and others who were the second party. A notice (Anxexure 1) was issued which purported to the land bearing 2 kathas in area ard appertaining to society plot No. 233. The contents of the notice have been described as absolutely vague general and hypothetical. The petitioners cafe is that the society had by a resolution dated 19-6-1992 bifurcated the plot into plot Nos. 233-A a












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