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2022 Supreme(Pat) 1022

PARTHA SARTHY
Navnit Kumar Son of Late Ram Krishna Das – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Ranjan, Adv.
For the Respondent: Mr. Iqbal Asif Niazi, Mr. Rikesh Sinha, Adv. Mr. Rakesh Kumar, Adv.

JUDGMENT :

1. Heard learned counsel for the petitioners, learned counsel for the State of Bihar and learned counsel for the respondent no.4.

2. The petitioners have preferred this application for quashing the First Information Report of Muffasil P.S. Case no.369 of 2017 (District East Champaran) registered under sections 420, 406, 504 and 506 of the Indian Penal Code.

3. A complaint was filed by the respondent no.4 in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran against the petitioners-employees of Ascend Telecom Infrastructure Private Ltd. and two named employees of Kumar Infrastructure Private Ltd.. As per the prosecution case, it was stated therein that for setting up of a tower, an agreement was entered into between the complainant (respondent no.4) and Ascend Telecom Infrastructure Private Ltd. according to which besides the rent for the land in question, a sum of Rs.2200/ would be paid to the complainant. As per the complaint, it was further agreed upon that there would be a 20% increase in the monthly rent after three years. Payments were made to the complainant for one year in cash and in bank accounts. Later, Ascend Telecom Infrastructure Private L

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