Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26084 of 2012 ====================================================== Shri Vinod Baid S/O Late J.M. Baid, Former Director of Prudential Capital Markets Limited, Resident of 5 Love Lock Place, Kolkata- 700019 Versus .... .... Petitioner/s 1. The State of Bihar 2. Sh. Rameshwar Prasad Sinha, son of Late Narsingh Narayan, Resident of House No.1, Road No.1 (ASHIRWAD) , East Patel Nagar, P.S. Shastrinagar, District & Town, Patna. .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26389 of 2012 ====================================================== Shri Vinod Baid S/O Late J.M. Baid, Former Director of Prudential Capital Markets Limited, Resident of 5 Love Lock Place, Kolkata- 700019 Versus .... .... Petitioner/s 1. The State of Bihar 2. Sh. Abhay Krishna S/O Late Nalini Kant Sinha, Resident of 5-B,
Legal Reasoning
Shrikrishnapuri, P.S.- S.K. Puri, District- Patna .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26433 of 2012 ====================================================== Shri Vinod Baid S/O Late J.M. Baid, Former Director of Prudential Capital Markets Limited, Resident of 5 Love Lock Place, Kolkata- 700019 Versus .... .... Petitioner/s 1. The State of Bihar 2. Sh. Satyender Narayan Sinha S/O Late Kamla Sharan Sinha, Resident of Mohalla- Satendra Sadan, Rajendra Singh Lane, New Jakkanpur, Patna- 800001 .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26487 of 2012 ====================================================== Shri Vinod Baid S/O Late J.M. Baid, Former Director of Prudential Capital Markets Limited, Resident of 5 Love Lock Place, Kolkata- 700019 Versus .... .... Petitioner/s 1. The State Of Bihar 2. Madhukar Prasad S/O Late Muneshwar Prasad Resident Of Manoram, 1st Floor, East Boring Canal Road, Patna- 800001 Patna High Court Cr.Misc. No.26084 of 2012 (2) dt.18-11-2013 2/5 .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26797 of 2012 ====================================================== Shri Vinod Baid S/O Late J.M. Baid, Former Director of Prudential Capital Markets Limited, Resident of 5 Love Lock Place, Kolkata- 700019 Versus .... .... Petitioner/s 1. The State of Bihar 2. Sh. Ramashrey Singh S/O Late Ram Swaroop Singh Resident of C/O Jewan Deep X-Ray, City Hospital Road, P.S. Khajekallan, Patna City, District - Patna .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.26084 of 2012) For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv., with Mr.Ravi Bhardwaz, & Mr. Nagendra Kumar For the State of Bihar : Mr. Suresh Prasad Singh, APP (In Cr.Misc. No.26389 of 2012) For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv., with Mr.Ravi Bhardwaz, & Mr. Nagendra Kumar For the State of Bihar : Mr. Satyendra Nd. Singh, APP (In Cr.Misc. No.26433 of 2012) For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv., with Mr.Ravi Bhardwaz, & Mr. Nagendra Kumar For the State of Bihar : Mr. Hirday Prasad Singh, APP (In Cr.Misc. No.26487 of 2012) For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv., with Mr.Ravi Bhardwaz, & Mr. Nagendra Kumar For the State of Bihar : Mr. Suresh Prasad Singh, APP (In Cr.Misc. No.26797 of 2012) For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv., with Mr.Ravi Bhardwaz, & Mr. Nagendra Kumar For the State of Bihar : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 18-11-2013 In this batch of 5 criminal miscellaneous petitions filed under Section 482 of the Code of Criminal Procedure, 1973, the Patna High Court Cr.Misc. No.26084 of 2012 (2) dt.18-11-2013 3/5 petitioner is one and common person, claiming to be former Director of Prudential Capital Markets Limited. However, the opposite party no.2 in all these matters are separate and different persons. The question of law and facts involved in all these matters are identical and similar in nature, therefore, with the consent of the learned Senior counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State of Bihar, all these matters have been heard
Decision
together and are being disposed of by this common order. In all these petitions the dispute is regarding transaction of certain money between the petitioner at one side and the opposite party no.2 at the other side. The opposite party no.2 of each case filed separate petition of complaint, which all have been annexed as Annexure-1 in all these petitions. On the basis of enquiry held under Section 202 Cr. P. C., cognizance has been taken for the offences under Sections 420, 406 and 120B of the Indian Penal Code by separate orders passed by the learned Judicial Magistrate, 1st Class, Patna. Learned Senior counsel appearing on behalf of the petitioner has submitted that subsequently the matter was compromised between the parties, as the petitioner has paid the entire amount of money to the Opposite Party no.2, i.e. the complainant of each case. According to him, in view of the aforesaid compromise, the complainant of each case filed their separate petition for withdrawal of complaint petition along with compromise petition before the learned court below itself. The grievance of the petitioner in all these cases is that despite filing of compromise petition as also the withdrawal petition, the matter is not being disposed of by the learned court below and therefore, the Patna High Court Cr.Misc. No.26084 of 2012 (2) dt.18-11-2013 4/5 petitioner is being unnecessarily harassed in attending the courts on each date, though the matter has been amicably resolved between the parties. Learned Additional Public Prosecutor appearing on behalf of the State of Bihar has fairly submitted that the learned court below may be directed to pass appropriate order within a reasonable period of time on the compromise petition filed on behalf of the parties as also the withdrawal petition filed on behalf of the complainant in each case. After having heard the parties and taking into consideration the materials available on record as also taking into consideration the factual background of the case, noted above, all these petitions are being disposed of by this common order with a direction that the petitioner shall appear either in person or through his counsel in the court of the concerned Judicial Magistrate, 1st Class, Patna, in connection with pending Complaint Case No. 697 ( C) of 2004, 60 ( C) of 2002, 2107( C) of 2000,963 (C ) of 2004 and 1320( C) of 2000, with the certified copy of the present order on the next date fixed or within a period of one month from today. The learned Magistrate concerned shall examine the record and shall make all endeavours to dispose of the petition filed on behalf of the complainant seeking withdrawal of the complaint petition itself or shall pass appropriate order on the compromise petition filed on behalf of the parties. If despite the opportunity given, the complainant fails to appear on the date/ dates fixed, the learned Magistrate shall proceed further on the basis of the materials available on record and shall try to dispose of the cases in accordance with law within a maximum period of six months. Patna High Court Cr.Misc. No.26084 of 2012 (2) dt.18-11-2013 5/5 With the aforesaid observations and directions, all these applications stand disposed of. (Birendra Prasad Verma, J) BTiwary/-