KEDAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure preferred by Kedar Prasad Kedar Nath Prasad, an advocate, and Jitendra Prasad Singh for quashing order dated 25.9.1996 recorded by the learned Subdivisional Judicial Magistrate, Saran in T.R. No. 1409 of 1997, arising out of Complaint Case No. 1280 of 1995 summoning the accused to face trial as also for quashing order dated 15.1.1997 by which non -bailable warrants of arrest were issued. Complainant was Parmeshwar Tiwary who is opposite party No. 2 in this application.

(2.) IN this case notices were issued upon opposite party Nos. 3 and 4. and as per office report notices were served upon them, but they did not appear through counsel when the case was called out.

(3.) THE facts in brief are that Parmeshwar Tiwary filed complaint against petitioner Jitendra Prasad Singh and three others (not against petitioner No. 1) stating therein that the complainant was plaintiff along with petitioner No. 2 Jitendra Prasad Singh in Title Suit No. 204 of 1983, pending in the Court of Munsif first Court at Saran for which purpose petitioner No. 1 was engaged as lawyer to whom the complainant had entrusted certified copies of a number of documents as per list annexed to the complaint petition directing him not to hand over the same to any other persons.