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2016 Supreme(Pat) 95

ASHWANI KUMAR SINGH
Bipin Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners:Mr. N.K.Agrawal, Sr. Advocate, Mr. Saket Tiwary, Advocate
For the State : Mr. Ratnakar Ambastha, A.C. to G.P.-13
For the Complainant :Mr. Anshul Raj, Advocate

ORAL JUDGMENT :

By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioners seek quashing of the first information report (for short “FIR”) of Kotwali P.S. Case No.742 of 2014 registered under Sections 406, 420, 506, 504 and 120B of the Indian Penal Code.

2. The facts of the case in brief are that respondent no.4 Sanjay Kumar (hereinafter referred to as “the complainant”) had filed Complaint Case No.28782 of 2014 in the court of the Chief Judicial Magistrate(for short “CJM”), Patna which was sent for investigation under Section 156(3) of the Code of Criminal Procedure (for short “CrPC”) to the Kotwali Police Station vide order dated 14.11.2014 and, accordingly, upon receipt of a copy of the complaint, a formal FIR was registered on 07.12.2014.

3. It has been alleged in the complaint petition that on being persuaded by one Samir Kumar, an agent of HDFC ERGO Insurance Company Limited (for short “the Company”), the complainant got his car insured with the Company on the payment of premium of Rs.12,150/- for a period commencing from 24.09.2013 to 23.09.2014. On 13.07.2014, the car of the complainant got damaged in an accident about














































































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