NAGESHWAR PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Shri N.K. Agrawal, the learned Counsel for the petitioner as also Shri Jhakhandi Upadhaya, the learned Additional Public Prosecutor for the State.

(2.) THE petitioner who has been made to figure as an accused in Katihar (M) P.S. Case No. 25/2004 (G.R. No. 73/2004) is aggrieved by the order dated 24.06.2004 passed by Shri P.K. Choubey, the learned Sub-Divisional Judicial Magistrate, Katihar in the aforesaid case whereby he has taken cognizance for offences under Section 409, 420 and 120B of the I.P.C. and Section 7 of the Essential Commodities Act. Accordingly, the instant application for quashing of the said order.

(3.) THE learned Counsel for the State was not in a position to refute any of the submissions of the learned Counsel for the petitioner.