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2012 Supreme(Pat) 11

RAJENDRA KUMAR MISHRA
Om Prakash Dhanuka, Managing Director Riga Distillery Riga – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
Y.V. Giri, Sr. Adv. and V.R. Bharti, for the petitioner.
Tajendra Sinha, (In person) for the O.P. No.2.

JUDGMENT

R.K. Mishra, J.-The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 28.11.2006 passed in Complaint Case No. C1/430/2004, T.R. No. 2483 of 2006, by the Court of Sri Ashok Kumar Gupta, Judicial Magistrate, First Class, Sitamarhi, summoning the petitioner under Section 204 of the Code of Criminal Procedure, on inquiry, finding prima-facie case under Sections 277 and 278 of the Indian Penal Code.

2. In brief, the case is that opposite party No.2, Tejendra Sinha, filed the complaint petition, numbered as Complaint Case No. C1/430/2004 against the petitioner, Om Prakash Dhanuka, Managing Director, Riga Distillery, Riga, Sitamarhi, V.N. Pandey, President, Riga Sugar Company Limited, Riga, Sitamarhi and Shankar Lal Waheti, Vice President, Riga Sugar Company Limited, Riga, Sitamarhi, with the allegation that Riga Distillery was established in the year 2002 and since then Alcohol Mixed Water is being discharged by the Company through village-Welsand and his village, Dayanagar, due to which his entire crops are getting destroyed, the trees and plants are drying up and the agricultural land has become barren. It is also










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