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2023 Supreme(Pat) 813

RAJEEV RANJAN PRASAD
Philips India Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: Mr.Jitendra Singh, Sr. Adv., Harsh Singh, Ambar Bhushan (in both).
For the Opposite Party : Mr.Sanjeev Ranjan (in both).
For the State : Mr.B.N. Pandey, APP (in 49450); Md. Fahimuddin, APP (in 49449).

Rajeev Ranjan Prasad, J. – Heard Mr. Jitendra Singh, learned senior counsel assisted by Mr. Harsh Singh, learned Advocate for the petitioners and Mr. Sanjeev Ranjan, learned counsel for the opposite party as also learned A.P.P. for the State.

2. Petitioners, in these applications, are seeking quashing of the order dated 25.02.2015 passed in Complaint CC No. 27367/2014 by which the learned Judicial Magistrate, 1st Class, Patna has taken cognizance of the offences under Section 406 and 420 of the Indian Penal Code (in short the ‘IPC’) and decided to issue summons to the petitioners.

3. In Cr. Misc. No. 49450/2015, petitioner no. 1 is a public limited company whereas petitioner nos. 2 to 7 are the officers/employees of the petitioner no. 1. In Cr. Misc. No. 49449/2015 the sole petitioner is again one of the officers/employees of petitioner no. 1 company in Cr. Misc. No. 49450/2015. They are aggrieved by the order issuing summons to them in the complaint brought by the opposite party no. 2.

Case of the Complainant

4. It appears from the records that the complainant -O.P. No. 2 filed a private complaint case in the court of learned Chief Judicial Magistrate, Patna giving rise to the Complai

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