IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32823 of 2008
1. Sanjiv Kumar Choudhary, Son of late Shew Bhagwan Choudhary, Director Gangotri Iron
& Steel Co. Ltd. (GISCO), 314, Ashiana Towers, Exhibition Road, PS Gandhi Maidan,
District Patna.
2. Girdhari Lal Khemka, Son of Late Chiranji Lal Khemka, Proprietor Bajra Cement Limited,
Bihta, PS Bihta, at present residing at Narmada Apartment, Exhibition Road, PS Gandhi
Maidan, District Patna. ---- Petitioners
Versus
1. The State Of Bihar.
2. Vinod Kumar, Son of Shri Bhagwan Singh, Village Moharrumpur, Thana Bihata, District
Patna. --- Opposite Parties
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2 1.7.2011 This application has been filed for quashing the order
of cognizance dated 3.1.2007 and the order dated 14.5.2008
passed by the Judicial Magistrate, 1st Class, Danapur in Complaint
Case No. 671(C) of 2006 refusing to discharge the petitioners.
According to the petitioners this criminal case filed
against the petitioners is completely false and has been filed
because the petitioners have purchased the lands from the Gotiya
of the informant which they did not like. It is further stated that
the petitioners have raised the issue alibi. In support of the alibi,
one of the petitioners has produced the bill of the hotel where he
was staying on his visit to Mussoorie. The Court has rejected it on
the ground that the bill can be obtained by spending money.
Although, this Court believes that the bill cannot be considered at
this stage of discharge, but it would be wrong to reject it
completely. The petitioners claiming alibi would have to produce
evidence and by producing the proper evidence to substantiate the
validity of the bill before it can be held to be valid document.
Be that as it may, this Court is not inclined to consider
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the ground raised including the ground of alibi for the purposes of
discharging the petitioners.
This application is dismissed.
Sanjay ( Sheema Ali Khan, J.)