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2019 Supreme(Pat) 1647

SANJAY PRIYA
Manoj Kumar Shahi, Son of Sri Ram Kumar Shahi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners:Mr. Chitranjan Sinha, Sr. Advocate, Mr. Rajesh Ranjan, Advocate.
For the Informant :Mr. Balmiki Pandey Bhaskar, Advocate.
For the State : Dr. Rabindra Kumar, A.P.P.

JUDGMENT :

1. Both these applications have been filed for quashing the First Information Report of Ara Nawada P.S. Case No. 186 of 2013 dated 02.06.2013.

2. One I.A. petition has been filed in Cr. WJC No. 189 of 2015 during pendency of the petition that police has submitted charge sheet after completing investigation of the case.

3. Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State.

4. Learned counsel for the petitioners has submitted that in the instant case the agreement between the informant and the petitioners have already been terminated in terms of clause 3.1 of the agreement dated 8.5.2009 which provides termination of agreement by giving six month prior notice. The opposite party No. 2 (complainant) after expiry of six months has filed the present case to put pressure upon the company for continuance of the tenancy. It has further been submitted that even if allegation is acceptable at its face value, no criminal offence is made out. The allegation of non-payment of rent can never be a ground to make out a criminal case. It is at best a case of violation of terms of condition of an agreement, for which, the remedy is













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