BHUVANESHWAR PRASAD
Ramesh Chandra – Appellant
Versus
State Of Bihar – Respondent
1. This is an application under S.482 of the Code of Criminal Procedure, 1973 (hereinafter called the Code). It is directed against the entire proceedings pending against the petitioner before the Judicial Magistrate, 2nd Class, Muzaffarpur in Case No. C 332/82/ Trial No. 2531 of 1983 including the order dated 4-7-1983 passed by the learned Chief Judicial Magistrate, Muzaffarpur and also the order dated 9-9-1983 passed by the learned Sessions Judge, Muzaffarpur.
2. It appears that opposite party 2, Anup Sah had lodged the first information report before the Sadar Police Station, Muzaffarpur to the effect that he had purchased six bags of wheat weighing five quintals eighty K,G. for Rs. 1008.60 paise and was bringing the same on two tempos. When he reached clear the flour mills south of zero mile at about 1 p.m. the petitioner stopped him and told him that he would not allow the goods to be carried away since the opposite party 2 owed him some money. To this opposite party 2 replied that there was no arrear with him. In spite of this, it is alleged that the petitioner carried away the goods from two tempos. Accordingly, the Sadar P.S. Case No. 14 dated 15-10-1980 under S.379
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