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2016 Supreme(Pat) 1588

CHAKRADHARI SHARAN SINGH
D. B. Gupta son of Late Peareylal Gupta – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners:Mr. Jitendra Singh, Senior Advocate, Mr. Alok Kumar Sinha, Advocate, Mr. Indrajeet Bhushan, Advocate
For the Respondents:Mr. Kumar Alok, S. C. 7, Mr. Neeraj Kumar, AC to SC 7, Mr. Rajesh Kumar Singh, Advocate, Mr. Pradeep Chandra, Advocate

JUDGMENT AND ORDER :

CHAKRADHARI SHARAN SINGH, J.

1. This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code‘), seeking quashing of the First Information Report, bearing Saharsa Police Station Case No. 177 of 2016, registered on the basis of an order, dated 04.02.2016, passed by the learned Chief Judicial Magistrate, Saharsa, in exercise of power under Section 156 (3) of the Code. The First Information Report has been registered disclosing commission of offence punishable under Sections 420, 466, 467, 468, 120B read with Section 34 of the Indian Penal Code and Section 22A read with Section 22B of the Minimum Wages Act, 1948.

2. The order, dated 04.02.2016, passed by the learned Chief Judicial Magistrate, Saharsa, in Complaint Case No. 01(C) of 2016, has been specifically challenged on the ground of lack of jurisdiction, for the reason that the learned Chief Judicial Magistrate, Saharsa, did not have the competence to take cognizance on the basis of the complaint case filed by respondent no. 2 and, therefore, to exercise his jurisdiction under Section 156(3) of the Code.

3. I have heard Mr. Jitendra Singh learned Seni























































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