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2017 Supreme(Pat) 1163

SANJAY PRIYA
Sanjay Kumar Gupta, s/o Vijay Kumar Gupta – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Ajay Kumar Thakur, Advocate, Mr. Avinash Kumar, Advocate, Mr. Ajit Kumar, Advocate
For the Opposite Parties :Dr. Kumar Uday Pratap, Mr. A. P. Prabhakar, Advocate

JUDGMENT :

1. These applications under Section 482 of the Code of Criminal Procedure have been filed for quashing the order dated 05.02.2011 passed by the Judicial Magistrate, Patna, in Complaint Case No.2740-C of 2010 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners of Cr. Misc. No.27501 of 2012 and petitioner No.1 of Cr. Misc. No.37467 of 2012 for the offence under Section(s) 420, 406/34 Indian Penal Code and against petitioner Nos.2 and 3 of Cr. Misc. No.37467 of 2012 for the offence under Section(s) 420, 406, 323, 504/34 Indian Penal Code.

2. Prosecution case as per Complaint Petition, in short, is that the petitioners are working in Private Limited Company duly incorporated under the provision of the Companies Act, 1956, and the petitioners being the office bearers are responsible for day to day affairs of the company and, accordingly, they are legally bound to face the consequences arising from their omission and commission. It has been alleged that in the year 2003, the accused persons finding their very small presence within the State of Bihar in terms of medicine business came in contact with the Complainant for using t















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