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2010 Supreme(Pat) 1799

Arun Kumar Sharma @ Arun Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Peitioners : M/s Sarvashri Birendra Kumar Sinha, Alok Kumar Sinha.
For the State : Mr. Dashrath Mehta.
For the O.P No. 2 : Mr. Baxi S.R.P. Sinha.

ORDER

The two petitions have been heard together as facts of the two cases from which they arise, in most of their parts, are common and most of them are also admitted and the two are being disposed of by the present common order.

2. The petitions relate to complaint petitions filed by a single complainant, namely, Prakash Chandra Gupta who has claimed himself to be the sole owner and proprietor of a firm named and styled as M/s Hanuman Ram Mahavir Ram Traders, its registered office being in Mirganj (Gopalganj). As regards the accused persons in the two petitions, petitioner Arun Kumar Sharma (Cr. Misc. No. 44542 of 2009) is an accused common in both the complaint petitions which were tiled by the complainant Prakash Chandra Gupta vide Complaint Case no. 1277 of 2009 and 2744 of 2009. In fact, all the petitioners in Cr. Misc. No. 15413 of 2010 also figured as accused in the earlier petition of complaint bearing number 1277 of 2009, but none except petitioner Arun Kumar Sharma was summoned by order of summoning passed in the above noted complaint case on 8.9.2009. The remaining petitioners of Cr. Misc. No. 15413 of 2010 have been summoned in Complaint Petition no. 2744 of 2009 by orde

























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