SURENDRA SINGH Vs. BIRENDRA KUMAR SINGH

JUDGEMENT

(1.) This matter has been referred to Divisi on Bench by a learned Single Judge by his order dated 12th October, 1977.

(2.) The petition is for quashing the proceeding under section 107 of the Code of Criminal Procedure, 1973, (hereinafter referred to as the Code), drawn up by order dated 18th July, 1977 and also for quashing the order dated 11th August, 1977 by which the petitioners have been asked to execute ad interim bond under section 116 (3) of the Code. The petitioners are the second party to the said proceeding under section 107 of the Code.

(3.) The relevant facts are that there is a Private Limited Company known by the name of M/s. Veena Theatre Private Limited having its registered office at Patna. The petitioners as also opposite-party no. 1 are the shareholders of the said company. Opposite-party no. 2 is one of the employees of the company. It appears that a tussle is going on between the shareholders for taking over the management of the campany, opposite-party no. 1 has filed a civil suit and also an application for injunction to stop the other party from removing him from the post of Managing Director of the Company.