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2002 Supreme(Pat) 682

SHIVA KIRTI SINGH
Sumit Bose @ Sumit Ranjan Bose – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Because of nature of the order under challenge and the stage of criminal proceeding, this revision application has been heard in detail at the stage of admission itself and is being disposed of finally. All the three petitioners are accused in complaint case no. 456/2001 lodged by opposite party no. 2 and pending before Judicial Magistrate, Purnia. By the impugned order dated 8.3.2002 the learned Magistrate rejected the prayer of the petitioners to recall warrants of arrest issued against them and to dispense with personal appearance of the petitioners under section 205 of the Code of Criminal Procedure (hereinafter referred to as the Code).

2. Before taking note of main issues and the submission of rival parties the essential facts may be noticed in brief. In May 2001 O.P. No. 2, the complainant filed the complaint in question before the CJM, Purnia The complaint alleges that petitioners no. 1 and 2 are respectively the Area Manager at Patna and the Regional Manager at Kolkata of ESPN Software India Limited. Petitioner no. 3, Manu Sahni has been shown as representative of the aforesaid company located at New Delhi without giving details as to how he is the representativ












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