Allowed

Neeraj Kumar Srivastava v. State Of Bihar and Anr.

Patna HC9 Dec 2014CR. MISC./13548/2014

Case brief

AI extract

What is this about?

The Patna High Court quashed criminal proceedings against the petitioner alleging fraud in a Sahara India franchisee transaction. The court held that the transaction occurred between co-accused and the complainant, finding the petitioner's actions not high-handed and the remaining allegations unreliable.

What did the court decide?

The application was allowed, and the entire proceeding including the order of cognizance dated 07.09.2012 was set aside.

Neeraj Kumar Srivastava Vs State Of Bihar and… — Civil Procedure and Limitation | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 13548 of 2014

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Arising out of P.S. Case No. -1445 Year- 2012 Thana -PATNA COMPLAINT CASE District- PATNA

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=================================================== Neeraj Kumar Srivastava S/o Nirmal Kumar Shrivastava Flat No. 203, Lalita Nikunj Apartment, B-Area, Mithapur, P.S. Jakkanpur, Patna, District Patna. .... .... Petitioner/s Versus

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The State of Bihar.

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Kailash Kumar S/o Sri Jawahar Prasad Resident of Chandpur Bela, P.S. Jakkanpur, District Patna. .... .... Opposite Party/s

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=================================================== Appearance :

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For the Petitioner/s : Mr. Upendra Prasad II, Adv. For the Opposite Party/s: Mr. Amrendra Pd. (APP)

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=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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03. 09.12.2014 The Petitioner seeks quashing of the entire proceeding including the order of cognizance dated 07.09.2012 passed by the Judicial Magistrate, 1^st Class, Patna in Complaint Case No. 1445(C) of 2012.

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The case of the Complainant is that he and the Petitioner were in good terms and taking advantage of the same the Petitioner approached him for being appointed as franchisee of Sahara India Mithapur. He allured him with various prospects if he invested in such a transaction on account of which he handed over a sum of around Rs. 84 Lakhs to the accused who supported the stand of the Petitioner. Later a sum of Rs. 35 Lakhs was returned to him by the Petitioner through cheque but the rest of the amount was not given.

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Patna High Court Cr.Misc. No.13548 of 2014 (3) dt.09-12-2014

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It has been submitted on behalf of the Petitioner

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that even conceding the aforesaid facts stated in the Complaint Petition evidently the entire transaction is between the co-accused and the Complainant and, hence, there was no reason for the Petitioner acting in a high handed manner when he had gone to demand return of his invested money.

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On the last occasion, notices had been issued to

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the Opposite Party No. 2 but none appears on his behalf.

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Considering the submission raised on behalf of the Petitioner that there is no paper transaction with regard to the financial transaction and the rest of the allegations appear to be un-reliable, the application is allowed and the entire proceeding as against the Petitioner including the order of cognizance dated 07.09.2012 passed by the Judicial Magistrate, 1^st Class, Patna in Complaint Case No. 1445(C) of 2012 is, hereby, set aside.

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The Application stands allowed.

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However, the quashment of the present

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proceeding shall have no bearing on any other claims.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Neeraj Kumar Srivastava v. State Of Bihar and Anr.

Case brief

What is this about?

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Neeraj Kumar Srivastava v. State Of Bihar and Anr.

Case brief

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What did the court decide?

What the court decided

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