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2008 Supreme(SC) 702

ARIJIT PASAYAT, P.SATHASIVAM
Anjani Kumar – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Patna High Court dismissing the petition filed by the appellant in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short the ‘Code’). The appellant in the said petition had prayed for quashing the order dated 2.12.1993 taking cognizance of offences punishable under Sections 465, 466, 468, 469 and 471 of Indian Penal Code, 1860 (in short the ‘IPC’) in Begusarai Town P.S. Case No.63 of 1993.

2. Background facts as projected by the appellant are essentially as follows :

On 29.8.1992 an application by respondent No.2 (hereinafter referred to as the ‘complainant’) was filed for cancellation of Form 19 filed relating to the license of M/s Arun Medical Hall. On the said date, appellant sent a report for cancellation of the application form for license. On the same date, as per the directions of District Magistrate, appellant conducted raid at the medical shop of respondent No.2 around 5.15 p.m. in the presence of two Executive Magistrates and certain medicines were seized. On 8.9.1992 appellant filed FIR (P.S. Case No.258/92) and a case was registered against































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