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2022 Supreme(Pat) 737

PARTHA SARTHY
Upen Tulsiyan Son – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mrs. Soni Shrivastava, Ravi Bhardwaj (in both).
For the State : Mr. Md. N. H. Khan (in both).
For the Respondent no.2: Mr. Jagdish Prasad Singh (in both).

Partha Sarthy, J.—Heard learned counsel for the petitioners, learned Standing Counsel for the State of Bihar and learned counsel for the private respondents.

2. The petitioners in both the applications have preferred their respective applications for quashing the First Information Report in connection with Fatuha P.S. Case no.189 of 2016 registered under sections 420, 406 and 120B of the Indian Penal Code.

3. Both the applications arising out of the same F.I.R., are being disposed of by this common order.

4. As per the prosecution case, contained in typed written statement dated 12.5.2016 of the informant addressed to the Officer-in-charge of police station Fatuha alleges inter alia that on the request made by one of the Directors Dilip Kumar Jha, a written agreement was entered into on 15.1.2013 between the informant and Scope Vincom Industries Private Limited (hereinafter referred to as “the Company” in short) according to which an advance of Rs.2,42,000/ was given by the tenant and three months rent by way of advance was given. It is stated that on account of the father of the informant having fallen down on the staircase, the informant went to Delhi for the medical treatment of hi

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