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SHAILENDRA SINGH
Ishwari Prasad Tantia son of Late Gobardhan Prasad Tantia – Appellant
Versus
State of Bihar – Respondent
ORDER :
Heard Mr. Praful Chandra Jha, learned counsel appearing for the Petitioners, Mr. Krishna Prasad Singh, learned senior counsel for the informant and Mr. Jharkhandi Upadhyay, learned APP for the State.
2. The instant petition has been filed under section 482 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) with a prayer to quash the order dated 28.01.2016 passed by the court of learned Judicial Magistrate 1st Class, Patna in Complaint Case No. 3372 (C) of 2015 by which the cognizance of the offence under section 406 read with section 34 of the Indian Penal Code ( in short ‘IPC’) has been taken against the petitioners.
3. Mr. Praful Chandra Jha, learned counsel appearing for the petitioners has mainly taken the grounds to quash the order impugned that from the facts and allegations made in the complaint filed by the O.P. No.2, no criminal offence even from the face of the allegation is made out against the petitioners as admittedly, there was business relation between the petitioners’ company namely, M/s Tantia Constructions Limited and the company namely, M/s Singh Nirman Pvt. Ltd. (O.P. No.2), represented by its Managing Director, B.K. Singh @ Babloo Kumar Singh and as pe
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