Patna High Court - Orders
Onicra Credit Rating Agency Of India ... vs The State Of Bihar on 6 February, 2012
Author: Jyoti Saran
Bench: Jyoti Saran
Patna High Court Cr.Misc. No.1392 of 2012 (2) dt.06-02-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1392 of 2012
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Onicra Credit Rating Agency of India Ltd. having It's Patna Branch Office
at 303 & 305, N.P. Center, New Dakbunglow Road, Patna - 800 001
through It's Manager Operation Yogendra Umrao
.... .... Petitioner
Versus
1. The State of Bihar
2. Amit Aanand Kumar, S/o Sri Ramlakhan Mahto, resident of
Kankarbagh Bus Stand (Western side) in front of L.I.G. 13 P.S.
kankarbagh, District-Patna
.... .... Opposite Party
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
02. 06-02-2012Learned counsel for the petitioner is permitted to add the informant as opposite party no. 2 to the present proceedings during the course of the day.
This application has been filed for release of 165 box containing Customer Application Forms of Reliance Communication which application for release was rejected by the Chief Judicial Magistrate, Patna by order dated 6.8.2011 and was affirmed in Criminal Revision No. 704 of 2011 by order dated 13.12.2011 passed by the Additional District and Sessions Judge XIV, Patna.
The facts of the case in brief is that the informant instituted the case in question against the proprietors of M/s. AJS Infotech (Jiya Enterprises) which was being run by one Alankit Sharma and his wife Shweta Shrivastava having its office and works at 34/E Patna High Court Cr.Misc. No.1392 of 2012 (2) dt.06-02-2012 Anandpuri, P.S. Sri Krishnapuri, District-Patna, alleging non- payment of rentals relatable to computer system and certain other items mentioned in the F.I.R. It is alleged that instead of making payment of the rentals the two persons named in the F.I.R. have evaded the payment and are not found at the place of work.
The petitioner herein claims to have entered into an agreement with M/s. Reliance Communication Ltd. for the purpose of scanning of Customer Application Forms, which agreement dated 19.5.2009 between the parties is placed at Annexure-2. It is contended that the petitioner company had in turn entered into an agreement with M/s A.J.S. INFOTECH (JIYA ENTERPRISES) for carrying out the scanning work, on payment of charges and an order in this regard was issued on 30.6.2011 placed at Annexure-5. By reason of the F.I.R. in question the premises of the said firm, was sealed and resultantly also got locked the customer application forms packed in 165 boxes. It is contended that as the dispute between the informant and the accused is relatable to non-payment of rentals of the computers etc. and the customer application forms packed in 165 boxes has no connection with the dispute in question rather would not be of any use to the informant, it is in this background that the application was filed for release thereof and which has since Patna High Court Cr.Misc. No.1392 of 2012 (2) dt.06-02-2012 been rejected by the impugned order. It is contended that the Customer Application Form have been received for issuance of mobile connection and thus not only the customers are at a loss, but even the mobile company is suffering loss each day. It is thus contended that keeping the said boxes in seized condition would not benefit the informant rather is an unwarranted loss being faced by the petitioner and the mobile company.
Issue notice to opposite party no. 2 for which requisites under ordinary process as well as registered cover be filed within one week, failing which this application shall stand dismissed without further reference to the Bench.
Put up after service of notice.
(Jyoti Saran, J) S.Sb/-