DEBASIS PATI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have invoked the inherent jurisdiction under Section 482 of the Code of Criminal Procedure of this Court for the quashment of the entire criminal proceeding of Bahragora (Barsole) P.S. Case No.75 of 2008, corresponding to G.R.No.420 of 2008 including the order dated 24.11.2009 by which a prima facie case was found against the petitioners by Shri A. Kumar, Judicial Magistrate, 1st Class, Ghatshila for the alleged offence under Sections 406/420/34 of the Indian Penal Code.

(2.) LEARNED Counsel Mr. K.K.Singh at the outset submitted that the petitioners were admitted to anticipatory bail on the submission that they had already paid to the tune of Rs. 6,97,292/-( six lakhs ninty seven thousand two hundred and ninety two) under one time settlement scheme to the Punjab National Bank, Jamshedpur Branch, District- East Singhbhum and pursuant to that they were admitted to anticipatory bail. The Bank had also issued no objection certificate (Annexure-6/1) and to quote, "This is to certify that M/s Pati Enterprises, Proprietor Shri Debashish Pati Son of Sri Prabhat Kumar Pati of Bahragora, Home Address, Vill. Badia P.O. Mosaboni, District- East Singhbhum. JHK-832303(Guarantor-Sri Prabhat Kumar Pati & Smt. Basanti Pati) has adjusted/closed their PA(Ce) A/C 1674008700000607 with us under one time settlement & they have no dues with us on date."

(3.) IN the facts and circumstances of the case, this petition is disposed of with the direction to Shri A.Kumar, Judicial Magistrate, 1st Class, Ghatshila to pass appropriate order on the petition filed on behalf of the Punjab National Bank, Jamshedpur Branch on 14.09.2009 addressed to the A.C.J.M., Ghatshila in accordance with law within two weeks on the receipt of the communication of this order.