RAM KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN both the applications, common questions of law with little variation on facts arise and as such, they were heard together and are being disposed of by this common judgment.

(2.) PRAYER of the petitioner in Cr. Misc. No. 26515 of 2005 is to quash the order dated 15.9.1998 passed by the Chief Judicial Magistrate, Aurangabad in Aurangabad Mufassil P.S. Case No. 341 of 1995 (G.R.No. 1673 of 1995 whereby it had taken cognizance of the offence under Section 406 and 420/34 of the Indian Penal Code and directed for issuance of process against the petitioner. In Cr. Misc. No. 32048 of 2005, prayer of the petitioner is to quash the first information report bearing Lakhisarai P.S. Case No. 255 of 2004 registered under Section 406, 409, and 420 of the Indian Penal Code.

(3.) RELIANCE has also been placed on two unreported decisions of the Supreme Court dated 5th of April, 1999 passed in Cr. Appeal No. 379 of 1999 (Branch Manager BSFC v. Rajniti Prasad Singh and Ors. and order dated 25th of July, 2005 passed in Cr. Appeal No. 921 of 2005 (Bihar State Financial Corporation v. Birendra Kumar Jha and Anr.