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2009 Supreme(Pat) 809

ABHIJIT SINHA
Anand Roy Son Of Ram Narain Roy – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. The three petitioners who have been arrayed as accused in Complaint Case No. 1021 of 2006 have prayed for the quashing of the order dated 18.11.2006 passed therein by Sri R.K. Pandey, the learned Judicial Magistrate, First Class, Katihar, whereunder he has taken cogni- zance of offences under Sections 420, 408, 120B and 477A I.P.C.

2. One Naresh Singh, impleaded herein as O.P. No. 2, filed the Complaint Case No. 1876 of 2003 which was sent to the Katihar Town Police Station under Section 156(3) Cr.P.C. Since the police allegedly did not register the case and dilly-dallied with the matter, the complainant filed the present case being Complaint Case No. 1021 of 2006 and the learned Chief Judicial Magistrate, Katihar, held an inquiry under Section 202 Cr.P.C. wherein apart from complainant, four of his witnesses were examined and being satisfied with the evidence that had come on record he took cognizance of offences under Sections 420, 468, 120B and 477A I.P.C.

3. According to the case of the complainant, accused no. 3, misrepresenting himself as an agent of M/s Mithila Autos and claiming to have helped several persons in getting commercial finance by the said firm he ind








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