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2019 Supreme(Pat) 636

ASHWANI KUMAR SINGH
S. K. Education Private Limited – Appellant
Versus
State of Bihar through Principal Secretary, Deptt. of Home – Respondent


Advocates Appeared:
For the Petitioner: M/s Sanjeev Kumar, Ansul, Rajeev Shekhar
For the Respondent: Mr. Sheo Shankar Prasad, M/s Vikramdeo Singh, Rakesh Kumar

JUDGMENT :

Ashwani Kumar Singh, J.

Heard Mr. Ansul, learned counsel for the petitioners, Mr. Sheo Shankar Prasad, learned standing counsel for the State and Mr. Vikramdeo Singh, learned counsel for the respondent no.9.

2. The instant writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the First Information Report (for short 'FIR') of Begusarai Town P.S. Case No.68 of 2019 dated 03.02.2019 registered under Sections 406 and 420 read with 34 of the Indian Penal Code (for short 'IPC').

3. Mr. Ansul, learned counsel for the petitioners submitted that the present case is out and out a civil dispute for which no FIR could have been registered. The petitioner no. 1 is a Company and is operating Pre-Schools & Formal Schools on franchisee model. It is operating and promoting education across India since 2004 and has been able to set up a chain of over 1100+ Pre-Schools under the brand name Bachpan a Play School. The petitioner no. 2 Mr. Tijay Gupta is one of the directors of the Company. The Company Trade Mark 'Bachpan, a Pla

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