SUPRIYA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ashutosh Kumar, learned counsel for the petitioners, Mr. Akhileshwar Prasad Singh, learned senior counsel for the opposite party no.2 and Mr. Matloob Rab, A.P.P. for the State.

(2.) The present application has been filed under Section 482 of the Code of Criminal Procedure on behalf of the five petitioners for quashing the order dated 25.5.2006 passed by Shri Bharat Tiwari, Judicial Magistrate, Ist Class, Patna in Complainat Case No. 2518(c) of 2005 by which finding a prima facie case to be made out under Sections 406, 420 and 120B of the Indian Penal Code, the petitioners have been summoned to face trial.

(3.) The opposite party No. 2 filed a complaint in the court of learned Chief Judicial Magistrate, Patna vide Complaint Case No. 2518(C) of 2005 on 26.8.2005 alleging inter alia that pursuant to the advertisement published in local Hindi Daily (Dainik Jagran) inviting tender by Andrew Yule & Company Ltd. (hereinafter referred to as 'the Company') for construction of compound wall and iron fencing at Katra, Patna City. The complainant filed tender which was accepted and accordingly work order to the tune of Rs. 17,28, 645/- (Seventeen Lacs Twenty eight thousand six hundred and forty five) was allotted to the complainant for completion of the aforesaid work as per specification of the Bihar State Electricity Board.