IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.39219 of 2007
SANJEET KUMAR & ORS
Versus
STATE OF BIHAR & ANR
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3 3.7.2008 Heard the counsel for the petitioner and the counsel
appearing on behalf of the opposite party.
Petitioners have challenged the order dated 8.12.2006
passed by the learned Judicial Magistrate, Ist Class, Nawada in
complaint case no. 36 of 2006 by which cognizance has been taken
against the petitioners under Section 406, 420, 468 and 471 of the
Indian Penal Code.
The complainant has alleged that he has handed over Rs.
80,000/- to the petitioner no. 1 because he had promised to get a job for
him as a peon.
The petitioner no. 2 who is the brother and petitioner no.
3 who is the father of petitioner no. 1. It is alleged that they were
present at the time of handing over the money. There is no specific
allegation of cheating against them.
However, learned counsel appearing on behalf of the
petitioner has referred to several documents to show that in fact he had
not taken the money rather which were also a part of larger conspiracy.
However, all these facts be considered at the time of framing of the
charge.
As such this application is dismissed.
Sanjay (Sheema Ali Khan, J.)