PATLIPUTRA BUILDERS PVT LTD Vs. STATE

JUDGEMENT

(1.) Heard Mr Ashwani Kumar Singh, counsel appearing for the petitioners and Mr. Ramesh Pd. Singh, counsel representing the complaint-opposite party No. 2.

(2.) Petitioner No. 1 is a company engaged in the business of construction which is represented through one of its Director, who joins this case separately and independently as petitioner No. 2. The petitioners seek quashing of an order dated 26.2.2002 passed by the Judicial Magistrate, Ist Class, Patna, in Case No. 1107(c)/ 2001/T.R. No. 1029 of 2002. By the impugned order, passed on the basis of a complaint filed by the opposite party No. 2, the learned Magistrate took cognizance of the offences under Sections 406, 420 and 120-B of the IPC and summoned the accused-petitioners for facing trial.

(3.) The complainant-opposite party No. 2 along with his two brothers is the owner of a piece of land in respect of which is entered into a development agreement with the petitioners. The matter apparently relates to the breach of the terms of the development agreement.