LAWS(PAT)-2004-3-43

MOHAN SINGH Vs. STATE OF BIHAR

Decided On March 03, 2004
MOHAN SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) ALL the three petitioners namely 1. Mohan Singh Himmatsingka @ Mohan Himmatsingka, 2. R. Prasad alias Rakeshwar Prasad and 3. Ajay Kumar Sinha have come before this Court for quashing their prosecution in Complaint Case No. 353 (C) 2001 as well as for quashing the order dated 5.10.2001 by which cognizance has been taken against them under Section 379 of the Indian Penal Code.

(2.) PETITIONER No.1 is the Managing Director of Phooltas Autos Limited, petitioner no. 2 is the Manager, Phooltas Autos Limited and the petitioner no.3 is an employee of the said company.

(3.) IN the complaint case offence alleged under Sections 379, 380, 392 and 120B of the Indian Penal Code (hereinafter referred to as the I.P.C).The Chief Judicial Magistrate, Khagaria after proceeding under Section 202 Cr.P.C. took cognizance against the petitioners only under Section 379 of the Indian Penal Code.