Advocates:
['Alok Kumar Agrawal', '', 'Hemant Kumar', 'SANDEEP KUMAR GA', '', 'Brajendra Nath Pandey', 'ANIL KUMAR SINHA GA']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.652 of 2015

Arising out of PS.Case No. 601 Year- 2014 Thana – Kotwali (Patna) District-

Patna.

===========================================================

Raj Kumar Agrawal, son of Late Phoolchand Agrawal, Resident of village- Dharara

P.O.- Ganpatganj, P.S. Raghopur, District- Supaul

.... .... Petitioner

Versus

1. The State of Bihar

2. The Director General of Police, Bihar, Patna

3. The Senior Superintendent of Police, Patna

4. The Officer-in-Charge, Kotwali Police Station, Patna

5. M. S. Anney Joseph, W/o Shri Johny Joseph, C/o National Spot Exchange Ltd.,

605-B, Ashiana Plaza, Budh Marg, P.S.- Kotwali, Town and District- Patna

.... .... Respondent/s

===========================================================

Appearance:

For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate,

Mr. Alok Kr. Agrawal and

Ms. Priya Gupta, Advocates.

For the State :

Mr. Anil Kumar Sinha, GA 1 and

Mr. Amresh Kr. Sinha, AC to GA 1.

For the Respondent no. 5:

Mr. Jitendra Singh, Sr. Advocate and

Mr. Brajendra Nath Pandey and

Mr. Tej Pratap Singh, Advocates.

===========================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL JUDGMENT

Date: 18-05-2018

Heard Mr. P.K. Shahi, learned Senior Counsel assisted by

Mr. Alok Kumar Agrawal, Advocate for the petitioner and Mr.

Jitendra Singh, learned Senior Counsel assisted by Mr. B.N. Pandey,

Patna High Court Cr. WJC No.652 of 2015 dt.18-05-2018

2/14

Advocate for the private respondent.

2. Petitioner has moved this Court for quashing of the First

Information Report (FIR) being Kotwali (Patna) P.S. Case No. 601/14

dated 01.10.2014 registered under Sections 406 / 420 / 468 / 470 / 471

/ 506 / 120B of the Indian Penal Code.

3. The allegations, as appearing from the written complaint

made by the respondent no. 5, who is an Assistant Manager of a

Company engaged in the business of procurement in commodities for

buyers providing an electronic trading platform for spot contract in

commodities etc., are as under.

3.1 It is alleged that this petitioner along with Smt. Pushpa

Devi Agrawal and Sri Ranjit Agrawal as also Sri Dipak Agrawal and

Sri Sunil Bhalotia approached the informant and one Mr. Abhay

Kumar working at the Patna Office of the complainant Company. The

petitioner allegedly introduced himself as the Director of Progressive

Sales Pvt. Ltd. engaged in the business of Sugar Trading since 1988.

The informant was given to understand that Mr. Sunil Bhalotia is the

brother of one Sri Ram Bhalotia and Sri Prakash Bhalotia who were

already in the business of trading through National Spot Exchange

Limited (NSEL) under their Procurement Agreement. It is further

alleged that the petitioner represented himself as a renowned member

of Magadh Stock Exchange (MSE) being associated with Iron & Steel

Patna High Court Cr. WJC No.652 of 2015 dt.18-05-2018

3/14

Industry business in Patna.

3.2 The allegation is that during the meeting all the

accused persons misrepresented that M/s Ayush Sales Pvt. Ltd. is a

established entity in different trading business, particularly in Sugar

Trade since 2005 and represented that their association will be

beneficial. The allegation also states that the accused persons handed

over a fake profile of their company depicting the aforesaid false and

frivolous claims and in the said profile Mr. Ranjit Kumar Pansari was

mentioned as a business partner of M/s Ayush Sales Pvt. Ltd. and Mr.

Dipak Agrawal as a person for reference. This petitioner and Mrs.

Pushpa Agrawal also submitted their personal Bio-Data, their PAN

Card and Voter I.D. Card. In the Voter I.D. Card the father’s name of

Raj Kumar Agrawal has been mentioned as Jagdish Prasad Agrawal

but, as per allegation, in the PAN Card his father’s name