- (1.) Heard the learned Counsel for the petitioner and learned Counsel for the Opposite Parties.
(2.) The petitioner, in this application, filed under Section 482 of the Cr.P.C., has prayed for quashing the order dated-28.02.2006, passed in Cr. Revision No. 19 of 2001, by the 04th Additional District & Sessions Judge, Jamshedpur, whereby the impugned order dated-13.12.2000, passed by the Judicial Magistrate, Jamshedpur has been confirmed by rejecting the petitioner's prayer for his discharge in the proceedings pending against her, which was initiated on the basis of an F.I.R. lodged in the Police Station vide Bistupur P.S. Case No. 113 of 1999 (G.R. Case No. 938 of 1999).
(3.) The facts of the case briefly stated is that in the Establishment of M/s. Ashok and Company, a partnership firm, constituted by the partners, namely, the present petitioner and her husband, Ratan lal Agrawal (now deceased), a raid was conducted on 27.05.1997 by the Inspector of Police (Food), Crime Investigation Department, Jamshedpur. Upon alleged detection of several irregularities and violations of the provisions of the Bihar Finance Act, a case was registered against the partners of the Firm including the present petitioner, for the alleged offences under Section 467, 468, 420 and 120B of the Indian Penal Code and Sections 49(2-g) and 49(3-d) of the Bihar Finance Act. At the stage, when the trial was to commence, the petitioner filed an application, praying for her discharge from the case. The grounds on which the prayer for discharge was made, was that except the fact that she happened to be a sleeping partner of the firm, she was never involved in running or managing the affairs of the business of the firm in any manner. Rather, her husband was the sole person who used to manage and run the affairs of the business of the firm and whatever transactions, referred to in the F.I.R., relating to the alleged offences, were indulged in by her husband.;