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SHIVAJI PANDEY
Asha Devi – Appellant
Versus
State of Bihar – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Jitendra Singh, Sr. Advocate; Mr. Rakesh Singh, Advocate.
For the Opposite Parties :Mr. Kamaluddin, Advocate.

ORDER

Shivaji Pandey, J.—Heard learned counsel for the petitioners, for the State and for the O.P. No. 2.

2. In this case, petitioners are challenging the order dated 18th April 2011 passed in T.R. No. 188 of 2011 by Sub-Divisional Judicial Magistrate, Chapra whereby and whereunder the petition filed on behalf of petitioners under Section 239 of the Code of Criminal Procedure has been dismissed and the case has been fixed for framing of charge.

3. It appears from the record that a Complaint petition, vide Complaint Case no. 3338 of 2008 was filed by one Priyanka Soni. The Chief Judicial Magistrate under Section 156(3) of the Code of Criminal Procedure (hereinafter, in short, referred to as the „Code?) sent the matter for investigation to the Police and later on the case was instituted as Chapra Mufassil P.S. Case no. 154 of 2008. In the complaint petition, the complainant has stated, Sri Rakesh Kumar Singh, Manoranjan Prasad Singh, Indu Singh and Upendra Singh are accused persons claiming that Rakesh Kumar Singh is her husband, Manoranjan Prasad Singh is her father in-law, Indu Singh is her mother in-law. In the complaint petition it has been alleged that on 9th July 2008 the compl

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