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2019 Supreme(Pat) 502

PRAKASH CHANDRA JAISWAL
Manoj Sahu @ Manoj Kumar Sahu Son of Mahendra Kumar Sahu – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Bhanu Pratap Singh
For the Opposite Party : Mr. Jharkhandi Upadhyay, APP

JUDGMENT :

1. Heard learned counsel for the petitioners and learned APP for the State.

2. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 06.02.2016 passed by Addl. Chief Judicial Magistrate-IV, Aurangabad in Complaint Case no. 842 of 2015, whereby the learned Magistrate has taken cognizance of the offence under Sections 323 and 504 of the Indian Penal Code against the petitioners.

3. Factual matrix of the case is that O.P. no. 2 Ramdhin Ram @ Ramdahin Ram filed Complaint Case no. 842 of 2015 against the petitioners with the allegation, in succinct, that O.P. No. 2 was Junior Technician (Mechanical) in Hofincons Industrial Services Pvt. Ltd. under Jindal Steel Power Ltd. (JSPL) situated at Kirorhi Nagar P.S. Kotra Road, District-Raigarh (Chhatisgarh) while the petitioners are working as Engineer, Administrative cum Account Officer and Manager, respectively, in the said company. The complainant abruptly fell ill on 02.05.2015 and he was treated in the hospital of the Company and when he recovered from the illness, he got fitness certificate on 09.05.2015, and when he tried to resume his job on 18.05.2015, the petitioner n

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