BHUPENDRA NATH SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN both the applications, prayer made by the petitioners is to, quash the order dated 11.4.2000 passed by the Additional Chief Judicial Magistrate, Patna in Shastrinagar (Gardanibagh) P.S. Case No. 847 of 1990 dated 20.11.1990 whereby the learned Magistrate had taken cognizance of the offence under Sections 467, 468, 471, 409, 420, 201 and 120-B of the INdian Penal Code.

(2.) BY the said order, the learned Magistrate had taken cognizance of the offence against five persons, namely, Surya Kumar Srivastava, Gopi Kant Pathak, Tribnuwan Nath Gupta, Bhupendra Math Srivastava and Ram Pyare Sinha alias Ram Pyare Singh. Bhupendra Nath Srivastava and Tribhuwan Nath Gupta are the petitioners in Cr. Misc. No. 28834 of 2000 whereas accused Ram Pyare Sinha alias Ram Pyare Singh is petitioner in Cr. Misc. No. 13647 of 2001.

(3.) IN the case of Suresh Kumar Bhikamchand Jain v. Pandey Ajay Bhushan and Ors. , the Supreme Court in para-24 has observed as follows: