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1981 Supreme(Pat) 53

BRISHKETU SARAN SINHA
Dip Narain Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Brishketu Sharan Sinha, J.

1. By an order 17.11.1980 passed in supplementary of Hilsa Police-station Case No. 10 (12) 79 under Ss. 324/307 of the Indian Penal Code the Sub-divisonal Judicial Magistrate, Hilsa, has ordered for the attachment of the properties of the petitioners. The prayer in this application is to quash the order.

2. The relevant facts are that on information lodged by one Jagdish Singh on 14-2-1979 Hilsa Police-station Case No. 10(12) 79 was instituted. After investigation the police submitted a final form stating that the case was not true. A protest patition was filed against the final form. On 10-11-1980 the learned Magistrate accepted the final form. Thereafter on 15, 11. 1980 a petition was filed before the Magistrate by the investigating officer requesting that non bailable warrants of arrest be issued against the persons being conducted under the orders of the Deputy Superintendent of Police. On this prayer non-bailable warrants were issued against the petitioners on 15.11. 1980. It is stated that 16-11-1980 was Sunday. On 17-11-1980 the investigation officer filed an application before the learned Magistrate stating therein that the accused persons


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