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2018 Supreme(Pat) 1688

AHSANUDDIN AMANULLAH
Dharmendra Kumar S/o Sri Saryug Sharma – Appellant
Versus
State Of Bihar – Respondent


Advocate Appeared:
For the Petitioner:Mr. Ajay Kumar Thakur, Mr. Nilesh Kumar, Mr. Pravin Kumar and Mr. Udbhav, Advocates
For the State :Mr. Md. Arif, APP Mr. Sanjay, Kumar, Advocate

JUDGMENT :

1. Heard Mr. Ajay Thakur, learned counsel for the petitioner; learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) for the following relief:

“That, this is an application for quashing the order 11.03.11 passed by learned Judicial Magistrate 1st Class, Gaya in Complaint Case No. 256 of 2010/Tr. No. 1847/10 by which the learned Judicial Magistrate hold that prima facie case under sections 420, 120-B IPC is made out against the petitioner and others and accordingly ordered to issue process against them as well as for quashing the entire proceeding of aforesaid complaint case.”

3. The petitioner along with four others has been made accused by the opposite party no. 2 alleging that he had good terms with the opposite party no. 2 and had persuaded her to invest in Panjon Finance (hereinafter referred to as the “Company”) and she had invested in the name of his minor son and the agreement was also executed between the parties on 14th January, 2006 and it was stipulated that shares would mature after four years when repayme

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