CHETNA NAND NAUIRYAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, the State and learned counsel appearing for opposite party No. 2.

(2.) This application has been filed for quashing the order dated 13-10-2011 passed by Shri Krishna Kumar, learned Judicial MagistrateIst Class, Patna in Complaint Case No. 2275(C) of 2011 by which, the learned Magistrate after holding inquiry u/S 202 Cr.P.C. has found prima facie against the petitioners for the offence under Section-406 of the Indian Penal Code.

(3.) The complainant has alleged that he has been cheated by Galgotiya University, Greater Noida, Gautam Budh Nagar, U.P. by giving false information regarding infrastructure facility of the university. The complainant has alleged in the complaint that he found an advertisement in daily newspaper "Dainik Jagran" dated 13-07- 2011 about Galgotiya University, Greater Noida, Gautam Budh Nagar, U.P. The complainant became impressed with the advertisement and thereafter, decided to get his son, Ratul Kumar admitted in aforesaid university in the faculty of BCA. The complainant along with his son went to the university office and his son was admitted for the Sessions 2011-12 after making payment of fees, as demanded by the university as mentioned in detail in paragraph-9 of the complaint petition. The complainant got message on his mobile on 23-07-2011 that the class is going to be started from 18-08-2011. Thereafter, the complainant went to Greater Noida on 22- 07-2011 to verify the fact and he found that even the construction of the building of the university was not completed. The complainant alleged that the university has not been functioning and working in the atmosphere as advertised and the complainant has been cheated by giving false information only with a purpose to give wrongful loss to the complainant and for wrongful gain of their own by the accused persons.