KANHAIYA LAL DARAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated8.10.2004 passed by Special Judge, Economic Offence in Complaint Case No. 272 (C) of 2004 thereby and there -under cognizance under Section 220(B) ofCompanies Act, 1956 has been taken against the petitioner and others.

(3.) PERUSED the complaint petition, impugned order and also considered the submission of the learned counsel for the petitioner. Since fine has already been deposited by the petitioner and the cognizance has been taken after lapse of period of limitation without hearing the petitioner it would not be proper to allow the criminal prosecution in question to continue. It would amounts to misuse of process of the Court.