Kone Elevator India Pvt Ltd Through Its ... vs The State Of Bihar on 7 November, 2023

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Patna High Court - Orders

Kone Elevator India Pvt Ltd Through Its ... vs The State Of Bihar on 7 November, 2023

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35929 of 2021
                         Arising Out of PS. Case No.-287 Year-2018 Thana- BYPASS District- Patna
                 ======================================================
           1.     KONE ELEVATOR INDIA PVT LTD THROUGH ITS AUTHORIZED
                  REPRESENTATIVE having its registered office at Plot No. A28, SIPCOT
                  industrial Park, Pillaipakkam, Sriperumbudur Taluk, Kancheepuram, Tamil
                  Nadu - 602105
           2.    Subhash Kumar Son of Shri. Vaij Nath Sharma Resident of Trishul Kautilya
                 Nagar, Gokul Cooperative Road, East of Golki More, Khemnichak, Patna,
                 Bihar.
           3.    Jay Pradeep Rajendra Son of Shri Rajendra Nath Asuri Resident of Plot NO.
                 14D, Flat No. -F4, Bhaskar Nagesh Apartment, Borkute Layout, Narenda
                 Nagar, Vivekanand Nagar, Nagur, Maharashtra.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Rohit Kumar Jha Son of Late Amiri Lal Jha Manager,Big Healthcare Private
                 Limited, having its Registered office at Sheetla Mandir Road, Near sump
                 House, P.S. - Bypass, District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shyameshwar Kumar Singh, Adv.
                 For the Opposite Party/s :        Mr. Ravindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-11-2023

1. Heard the learned counsel for the petitioners and the learned APP Mr. Ravindra Kumar for the State.

2. Issue notice to the opposite party no.2 by both modes i.e. speed post as well as ordinary post with A/D, for which necessary requisites must be filed on or before 24.11.2023, failing which the quashing application shall stand rejected without further reference to the Bench.

3. Put up this case on 29.02.2024.

Patna High Court CR. MISC. No.35929 of 2021(2) dt.07-11-2023 2/2

4. In the meantime, further proceeding before the learned trial court, arising out of By-pass P.S. Case No.287/2018, pending in the Court of learned A.C.J.M.-VI, Patna City, registered under sections 406, 427, 408, 409, 420 and 34 of the Indian Penal Code shall remain stayed, as it has been submitted by the learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the dispute is purely civil as the O.P. No.2 alleges that in terms of the agreement, the lifts which were to be installed by the petitioners was not installed in time and were not even working properly, it is further submitted that from perusal of para-10 of the quashing application, it would manifest that a compromise has been entered in between the petitioners and the O.P. No.2 and the grievance of the O.P. No.2 stands settled.

(Satyavrat Verma, J) amit/-

U        T

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Patna High Court - Orders