IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28427 of 2009
Bachan Singh
Versus
The State Of Bihar & Anr
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2 16-09-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner has been made accused in Dumraon P.S.
Case No.112 of 1998 on the ground that he was working in a
firm having name and style “Dimos Finance and Investment
(India) Ltd.
The contention of learned counsel for the petitioner is
that the petitioner was an employee of the aforesaid firm and at
the relevant time, he was posted at Balia district, Uttar Pradesh
and he has nothing to do with the present case but in spite of
that, he has been made accused in the case.
It would appear from the impugned order that opposite
Party No. 2 , namely, Triveni Mishra filed complaint petition
bearing Complaint Case No. 547 of 1997 in the court of Chief
Judicial Magistrate, Buxar against the petitioner and five other
co-accused persons. On the basis of aforesaid Complaint case,
above-said Dumraon P.S. Case No.112 of 1998 was registered
for the offences under sections-406/420 of the Indian Penal
Code and in course of investigation, opposite party no. 2 was
also made accused in the aforesaid case.
In the aforesaid circumstance, I think it proper to call
for the case diary of Dumraon P.S. Case No.112 of 1998 as
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well as present stage of above-said Dumraon P.S. Case No.
112 of 198 corresponding to G.R. Case No. 977 of 1998 from
the court of Sri K.N. Tiwary, J.M. Ist Class, Buxar.
Accordingly, the above-said case diary of Dumraon
P.S. Case No. 112 of 198 corresponding to G.R. Case No. 977
of 1998 be called for, from the court of Sri K.N. Tiwary, J.M. Ist
Class, Buxar and list the matter after receipt of the same
retaining its position.
AKV/- (Hemant Kumar Srivastava,J.)