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2018 Supreme(Pat) 1740

ASHWANI KUMAR SINGH
Sanjay Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Ashutosh Nath, Binod Kumar, Anuja Srivastava.
For the State : Mr. Binod Kumar No.-III, APP.
For Oppo. Party No.2 : Mr. Rajen Sahay.

Ashwani Kumar Singh, J. – Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant opposite party no.2.

2. This application under Section 482 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’) has been filed by the petitioner for quashing of the order dated 6.6.2016 passed by the learned Sub Judge-XIV-cum-Additional Chief Judicial Magistrate, Patna by which he has issued a composite order under Sections 82 and 83 of the Cr.P.C. against the petitioner in Complaint Case No.3404(C) of 2007 filed by the Agriculture Insurance Company India Ltd. (for short ’the complainant’).

3. Mr. Ashutosh Nath, learned counsel for the petitioner argued that after taking cognizance of the offences punishable under Sections 409, 467, 468, 471 and 120B of the Indian Penal Code the learned Magistrate in exercise of powers conferred under Section 204 of the Cr.P.C. summoned the petitioner vide order dated 6.3.2009 to face trial. The summoning order was never served upon the petitioner and in absence of service report vide order dated 28.10.

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