SWAMI JIWAN NANDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners in both these quashing applications filed under Section 482 of the Code of Criminal Procedure.

(2.) Both the cases have been heard together because they arise out of same complaint case bearing no. 989 ) of 1998 (TR 1545/1998) lodged by complainant, O.P. No.2. Altogether six persons have been named as accused in the aforesaid complaint case. Three of them who are Deputy General Manager, Director and Manager respectfully of M/s Phooltas Auto Ltd are petitioners in Cr. Misc. No. 7884 of 1999 and the remaining three accused persons related to M/s Telco Ltd. are petitioners in the other application. They have challenged order of cognizance dated 25/26-3-1999 passed by Sri B.K. Sinha, Judicial Magistrate, 1st Class, Patna in the aforesaid complaint case whereby cognizance has been taken for offence under Section 420 and 120B of the IPC and process has been issued against the petitioners.

(3.) Although the name of the counsel for the complainant, O.P. No.2 appears in the daily cause list but nobody has appeared on his behalf. The State of Bihar is merely a formal party as it is a complaint case.