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2018 Supreme(Pat) 993

RAJEEV RANJAN PRASAD
Andal Arumugam – Appellant
Versus
State of Bihar Through Director General Of Police – Respondent


Advocates Appeared:
Sandeep Kumar, Adv., Rabindra Kumar, Adv., Rohit Raj, Adv., Mrigendra Kumar, Adv., Ramakant Sharma, Adv., Sheo Narayan Singh, Adv., Manish Kumar, Adv.

JUDGMENT :

Rajeev Ranjan Prasad, J.

Heard learned counsel for the petitioners, learned senior counsel representing the respondent no.9 as well as learned counsel for the State.

2. Since both the writ applications are arising out of the same First Information Report (in short "F.I.R.") giving rise to Sri Krishnapuri P.S. Case No.263 of 2014 registered for the offence alleged under Sections 406 and 420 of the Indian Penal Code (in short "I.P.C."), with the consent of the parties both the matters have been clubbed together and are being disposed off by this common judgment and order.

3. Petitioners in both the cases have prayed for quashing of the F.I.R. on the ground that a bare reading of the F.I.R. without adding or subtracting anything out of it would show that no case at all is made out for the offences alleged against the petitioners and a purely civil and commercial dispute has been converted in a criminal proceeding only to get rid of the liability arising out of the breach of terms and conditions of the works contract. It is also one of the grounds pleaded on behalf of the petitioners that it is a malafide prosecution of the petitioners who are all working in managerial capacity



























































































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