H.C. Mishra, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondent State. No one appears for the respondent no.2 in spite of valid service of notice upon him.
(2.) The petitioner, being the Regional Manager (East) of Maruti Udyog Ltd., has been made accused in Chutia P.S. Case No.79 of 1999, corresponding to G.R. No.1356 of 1999 for the offence under Section 406/34 IPC. It appears that a complaint petition was filed by the respondent no.2 Dr. Subrat Biswas before the Court of Chief Judicial Magistrate, Ranchi, which was sent for institution of the police case, on the basis of which the said Chutia P.S. Case No.79 of 1999 was registered. There is allegation in the said complaint petition that the complainant Dr. Subrat Biswas had booked a Maruti Zen Car after depositing the amount of Rs. 3,19,300/- in favour of Maruti Udyog Ltd. which he had deposited with Ashish Automobiles. The receipt for the deposit of money was issued by Ashish Automobiles with the assurance that the vehicle would be delivered to the complainant within 15 days, but the said vehicle was never delivered to the complainant and accordingly, the complaint case was filed, in which the petitioner being the Regional Manager of Maruti Udyog Ltd., was made accused No.3, the other accused persons, being the director and the General Manager of Ashish Automobiles, with whom the booking of Maruti vehicle, was made.
(3.) From perusal of the complaint petition, it appears that there is no whisper of any allegation against the petitioner in the entire complaint petition, rather the petitioner has been made accused in this case only being the Regional Manager of the Maruti Udyog Ltd. The petitioner has filed this writ application with prayer to quash the entire criminal proceeding against him in connection with Chutia P.S. Case No.79 of 1999, corresponding to G.R. No.1356 of 1999.;