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1987 Supreme(Pat) 240

S.N.JHA
Kundan Kumar – Appellant
Versus
State of Bihar – Respondent


Advocate Appeared
For the Petitioner:Miss Nilima Sinha, Advocate. In Cr. Misc. No. 6048/84 M/s. Ajay Prasad, Advocate. In Cr. Misc. No. 4346/84, 2212/84, /16 71/84 and 7602/84 Tara Kant Jha, Senior Advocate, Ajay Prasad, Advocate in Cr. Misc. No. 10298/84
For the Opposite Party No.1:M/s B.K. Shukla and R.B. Pandey, Advocate.
For the Opposite Party No.2:M/s Shilaesh Kumar Sinha and Kishore Kumar Sinha, Advocates.

JUDGMENT

S.N. Jha, J.

1. All these applications have been heard together as common questions of law arising out of same facts are involved in theses applications and they are being disposed of by this common judgment with the consent of the parties.

2. The petitioners, who deal in pumping sets and boring materials, have filed these applications for quashing the order of cognizance dated 9.11.1983 except Cr. Misc. No., 4346 of 1984 in which the impugned order taking cognizance is dated 5.3.1984, whereby the learned Special Judge has taken cognizance against them for an offence under Sections 120B, 420, 418, 477 of the Indian Penal Code (hereinafter referred to as the Penal Code') and under Section 5(2) read with Section 5(1) (c) (d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the ‘P.C. Act').

3. In Cr. Misc. No. 6048 of 1984 the petitioner is the proprietor of M/s Kundan Machinery Stores, Gogari Jamalpur in the district of Khagaria. In Cr. Misc. No. 4346 of 1984 the petitioner is the proprietor of M/s Dinesh Machinery Stores, Jamalpur Gogari in the district of Khagaria. In Cr. Misc. No.2212 of 1984 the petitioner is the proprietor of M/s Usha Diesel Centre, Ja





















































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