JUDGEMENT
NAVIN SINHA,J. -
(1.)THIS order shall dispose -off Cr. Misc. Nos. 8518 of 2003, 8554 of 2003, 8629 of 2003 and 8630 of 2003 applications. The issues involved
being common, arising out of a single complaint case, all the aforesaid
applications have been heard together and by consent of the parties are
being disposed -off by this common order, at the stage of admission.
(2.)THE Cr. Misc. Nos. 8518 and 8554 of 2003 is preferred by one K.K.Leekha. Likewise Cr. Misc. 8629 and 8630 of 2003 is preferred by one
M.L. Chawala. Cr. Misc. Nos. 8518 and 8629 of 2003 challenge the order of
cognizance dated 14.2.2001 and Cr. Misc Nos. 8554 and 8630 of 2003
challenge the rejection of the discharge application under Section 245 of
the Code of Criminal Procedure by common order dated 15.1.2003. Both the
impugned orders having been passed by the Judicial Magistrate, 1st Class,
Patna in Complaint Case No. 145 (C) of 2001.
Both the petitioners are aggrieved by their prosecution in Complaint Case No. 145(C). of 2001 and the order of cognizance therein
dated 14.2.2001 by Shri S.N. Tiwary, Judicial Magistrate, 1st class,
Patna. Cognizance having been taken against the petitioners under
Sections 406 and 120 -B of the Penal Code, summons have been issued to
them to face trial, the present application has been preferred under
Section 482 of the CrPC for quashing the order of cognizance as also the
entire proceedings against them in the complaint case.
(3.)THE two petitioners likewise challenge the rejection of their applications for discharge preferred under Section 245 of the Cr PC by a
common order dated 15.1.2003.
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