Rakesh Ranjan vs The State Of Bihar Through The Principal ... on 4 November, 2019

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Patna High Court - Orders

Rakesh Ranjan vs The State Of Bihar Through The Principal ... on 4 November, 2019

Bench: Ashutosh Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50227 of 2019
                  Arising Out of PS. Case No.-1667 Year-2016 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
           1.     RAKESH RANJAN Son of Late Ganesh Prasad Singh Presently working as
                  General Manager, India Power Corporation (Bodh Gaya) Ltd., Plot X1, 2
                  and 3, Block - EP, Sector - V, Salt Lake, P.S.- Salt Lake, Electronic
                  Complex, Kolkata, WB - 700091.
           2.    Ashish Singh Son of Uday Pratap Singh Worked as Assistant Manager, India
                 Power Corporation Limited, Zion Complex Swarajpuri Road, Opposite Fire
                 Station - Gaya, P.S. - Civil Lines, District - Gaya, presently R/O B - 38/55 -
                 49, Sheel Nagar Colony, Mahmoorganj, P.S.-Tulsipur, Chhitupur, Varanasi,
                 Uttar Pradesh - 221010.

                                                                               ... ... Petitioner/s
                                           Versus
           1.    THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
                 HOME DEPTT., GOVT. OF BIHAR, OLD SECRETARIAT Patna - 1, Bihar
           2.    Arun Kumar Singh Son of Shri Ambika Singh Resident of Village - Kendui,
                 P.S.- Magadh Medical College, District - Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Vagisha Pragya Vacaknavi, Advocate
                 For the Opposite Party/s :      Mr. Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                       ORAL ORDER

2   04-11-2019

The petitioners, who are General Manager and Assistant Manager of the India Power Corporation Limited, Bodh Gaya, which is a franchisee company of South Bihar Power Distribution Company Ltd. seek quashing of the order dated 03.05.2017 passed by the learned Judicial Magistrate- 1st Class, Gaya in connection with Complaint Case No. 1667 of 2016 (Tr. No. 51 of Patna High Court CR. MISC. No.50227 of 2019(2) dt.04-11-2019 2/2 2018) whereby cognizance has been taken under Sections 341, 504 and 506 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that the averments made in the complaint petition do not make out any case under the aforesaid Sections of the Indian Penal Code as the allegation is with respect to irregular billing by the franchisee company.

Issue notice to opposite party no. 2 under registered cover with A/D as well as ordinary process, subject to steps being taken by the petitioner within a period of two weeks from today, returnable on 12.02.2019.

In the meantime, further proceedings before the court below shall remain stayed.

Re-notify on 12.02.2019.

(Ashutosh Kumar, J) krishna/-

U       T

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Patna High Court - Orders