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BHUVANESHWAR PRASAD
Mahesh Chander Singh – Appellant
Versus
Raghunandan Prasad – Respondent


JUDGMENT

Bhuvaneshwar Prasad, J. - This application under section 482 of the Code of Criminal Procedure, 1973 (In short 'the Code') has been filed for quashing the prosecution of the petitioner for the offences under Sections 406 and 504 of the Indian Penal Code in Complaint case No.42-C of 1988 including the order dated 30-3-1988 passed by Shri A.K. Verma, Judicial Magistrate IInd Class, Nalanda at Biharsharif ordering for issuance of processes against the petitioner on the ground that a prima facie case under the aforesaid sections has been made out against him.

2. It appears that Opposite party Raghunandan Prasad had filed a comp1aint petition (Complaint Case No.42-C of 1988) against the present petitioner before the Chief Judicial Magistrate, Nalanda at Biharsharif. In this complaint petition he had made allegations against the petitioner with respect to the offence under Sections 406 and 504 of the Indian Penal Code. According to the Opposite party he had handed over a sum of Rs.300/- to the petitioner on 4-2-1988 towards the land revenue but the petition did not grant him any rent receipt. On the other hand, the petitioner asked him to come on the following day for obtaining

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