JUDGMENT :

1. Heard Mr. Sandeep Kumar, learned counsel along with Mr. Rana Vikram Singh, learned counsel for the petitioners and learned APP for the State.

2. The petitioners have 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 dated 4.12.14 passed by learned Chief Judicial Magistrate, Patna in Kotwali P.S. case no. 218/14 (G.R. no. 1957/14) whereby the learned Chief Judicial Magistrate finding Prima facie case has taken cognizance of offences under sections 406, 420/34 of the Indian Penal Code and has proceeded against the petitioners.”

3. In the FIR it is stated that the informant along with the petitioners was Director of M/s Nishant Dwelling Pvt. Ltd. (hereinafter referred to as the ‘Company’) and later on, it is alleged that the informant was fraudulently removed by a resolution of the Board of Directors, which included the petitioners. The police submitted charge sheet only against the petitioners leading to the Court below taking cognizance which is impugned in the present application.

4. Learned counsel for the petitioners submitted that