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2019 Supreme(Pat) 1852

ASHWANI KUMAR SINGH
VIKAS KUMAR @ VIKAS KUMAR PANDEY – Appellant
Versus
STATE OF BIHAR, PRINCIPAL SECRETARY, HOME DEPTT – Respondent


Advocates Appeared:
Somali Acharya, Advocate, Md Irshad, Advocate

JUDGMENT/ORDER :

Ashwani Kumar Singh, J.

Heard Ms. Somali Acharya, learned counsel for the petitioner and Mr. Md. Irshad, learned counsel for the State.

2. This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the first information report (for short 'F.I.R.') of Chattauni P. S. Case No.248 of 2019 registered under Sections 406, 420, 467, 387, 382, 504, 506 read with 34 of the Indian Penal Code.

3. Ms. Somali Acharya, leaned counsel appearing for the petitioners submitted that the F.I.R. in question has been instituted without complying to the procedure laid down by the Hon'ble Supreme Court in the case of Mrs. Priyanka Srivastava and another vs. State of U.P. and others, (2015) AIR SC 1758, which is mandatory for referring any complaint case under Section 156 (3) of the Code of Criminal Procedure (for short 'Cr.P.C.'). She has further contended that the prosecution of the petitioners in the present case is bad due to non-impleadment of the Tata Motors Finance Limited (for short 'Company') as a party. According to her, when the company has not been arrayed as a party, the petitioners cannot be held vicariously liable for

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