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2012 Supreme(Pat) 839

MIHIR KUMAR JHA
Santosh Kumar @ Santosh Kumar Jha, S/o Sri Bhagwan Lal Jha – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Ajit Kumar, Adv.
For the State : Mr. Jharkhandi Upadhyay, APP

JUDGMENT

Heard Mr. Ajit Kumar, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay for the State.

2. This application has been filed for quashing of the order taking cognizance for offence under Section 420 of the Indian Penal Code dated 25.8.2006 passed by the Chief Judicial Magistrate, Nalanda in Bihar P.S. Case No. 01 of 2003 (G.R. No. 07 of 2003).

3. Mr. Ajit Kumar, learned counsel for the petitioner, has submitted that even if the averments made in the entire First Information Report is accepted to be entirely true, no offence yet can be said to have been committed by the petitioner so as to make him liable for prosecution for offence under Section 420 of the I.P.C. or any other offences punishable under any law. In this regard, he has explained that the petitioner in capacity of proprietor of M/s Punam Printing Works, Patna had been favoured with a supply order of 3,81,121 pieces of Abhyas Pustika (Exercise Book) and after execution of agreement, supply of 2,91,719 pieces of exercise book had already been made and while remaining supply was yet to be made, a First Information Report was instituted at the instance of the District Magistrate, Nalanda, the opposite pa




























































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