Surendra Prasad vs The State Of Bihar & Ors on 20 June, 2011

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Cr.Misc. No.14520 of 2009
                 SURENDRA PRASAD SON OF GUPTESHWAR PRASAD, RESIDENT
                 OF MOHALLA CHARMOTIA INNAR, P.S. DUMRAON, DISTRICT BUXAR
                                                            .......... PETITIONER
                                                  Versus
                 1. THE STATE OF BIHAR
                 2. THE UNION OF INDIA, THROUGH THE REGISTRAR OF
                    COMPANIES, BIHAR & JHARKHAND, HAVING ITS OFFICE AT
                    MAURYA COMPLEX, 4TH FLOOR, A BLOCK, DAK BUNGLOW
                    ROAD, PATNA
                 3. THE THEN MANAGING DIRECTOR OF BOARD OF DIRECTORS,
                    NAMELY SUNIL KUMAR MISHRA, FELIX FINANCE INDIA LIMITED,
                    DUMRAON, P.S. DUMRAON, DISTRICT BUXAR
                                                            ..... OPPOSITE PARTIES
                                                -----------

7. 20.6.2011 The petitioner seeks quashing of the order dated

22.2.2008 passed in Complaint case No.123(C) of 2008,

by which cognizance has been taken by the Presiding

Officer, Special Court of Economic Offences, Patna

u/s.220(3) of the Companies Act, 1956.

The petitioner asserts that he had sent his

resignation much before the present occurrence and,

therefore, he should not be prosecuted.

On the other hand, a counter affidavit has been

filed disputing this contention.

Thus, the fact on which the argument is based is

disputed and it cannot be put to strict proof in this forum.

Hence I am not inclined to interfere in the matter. The

application is dismissed.

     Narendra/                            ( Anjana Prakash, J. )