ASHUTOSH MISHRA @ CHHOTE MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the opposite parties.

(2.) This is an application for quashing the order dated 06.12.2012 passed in Complaint Case No. 352 of 2011 whereby the learned court below has issued process against the petitioners and others to face trial for offence under Sec. 417 of the Indian Penal Code.

(3.) Opposite party no. 2 Kundan Babu brought the aforesaid complaint case against the petitioners and co-accused Vijay Kumar alleging therein that petitioner no. 1 Ashutosh Mishra @ Chhote Mishra who is son of petitioner no. 2 Madan Mishra are relations and the neighbor of the complainant. On the persuasion rather inducement of the petitioners the complainant and his guardian agreed to pay Rs. 5,00,000.00 (five lacs) to ensure admission in Maulana Azad National Institute of Technology, Bhopal. Money was paid in the bank account of co-accused Vijay Kumar and some of the payment was made to the petitioners. However, admission was not ensured, hence, the complainant found himself cheated. After inquiry under Sec. 202 Crimial P.C., the learned court below has issued summons to face trial by the impugned order, against the petitioners also.