ANAND MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the first information report (for short 'FIR') of Kazi Mohammadpur P. S. Case No. 204 of 2018 registered for the offences punishable under Sections 323, 420, 406, 467, 468, 504, 506 and 120 B of the Indian Penal Code.

(3.) Learned counsel appearing for the petitioners submitted that the FIR in question has been registered under the orders of the court in gross violation to the ratio laid down by the Supreme Court in Priyanka Srivastava and Anr. vs. State of U. P. and Ors. since reported in AIR 2015 SC 1758 as there is no affidavit of the complainant stating that steps were taken under Sections 154(1) and 154(3) of the Code of Criminal Procedure (for short 'CrPC') before making an application under Section 156(3) of the CrPC. She has further contended that since Rs.& T Finance Limited (for short 'Company') has not been added as a party, a criminal case against the petitioners, who are employees of the company could not be maintainable in view of the ratio laid down by the Supreme Court in R. Kalyani vs. Janak C Mehta and Ors. since reported in (2009) 1 SCC 516.