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2012 Supreme(Pat) 776

HEMANT KUMAR SRIVASTAVA
B. Vijay Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners:Mr. Suraj Narayan Prasad Sinha, Sr. Advocate and Mr. Mukesh Kumar, Advocate.
For the State : Mr. B.N. Pandey, A.P.P.

JUDGMENT

Hemant Kr. Srivastava, J.:- This petition under Section-482 of the Cr.P.C. has been filed by the petitioners for quashing the order dated 04-12-2008 passed by Mrs. Reshma Verma, Judicial Magistrate-Ist Class, Muzaffarpur in complaint case No. C-2688 of 2007 whereby and whereunder, she having found a prima facie case under Sections-406, 418 & 120B of the Indian Penal Code, ordered to issue summons against the petitioners for procuring their attendance to face trial in the above-said case.

2. The brief fact which lies to file this quashing petition is that Opposite Party No. 2 namely, Washimul Haque Nazmi filed Complaint Case No. C-2688 of 2007 in the court of Chief Judicial Magistrate, Muzaffarpur against petitioners and others alleging therein that he and his brother, namely, Md. Nazimul Haque are owners and partners of M/s Mithila Scooters, Kachchisarai Road, Muzaffarpur, P.S. Mithanpura, District-Muzaffarpur whereas petitioners and others are staffs and officials of M/s L.G. Balakrishnan and Brothers Ltd. The Opposite Party No. 2 has been a distributor of products of the M/s L.G. Balakrishnan and Brothers Ltd for the last 20 years and earlier the depot of aforesaid compa
















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