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1990 Supreme(Pat) 297

B.N.AGRAWAL
Ram Swarath Yadav – Appellant
Versus
Rajeshwar Prasad Sinha – Respondent


Judgment

B. N. Agrawal, J.

1. This application has been filed for quashing the cognizance taken under Sections 166, 427, 504 and 580 of the Penal Code and summoning the petitioners to face trial.

2. The opposite party no.1 filed a petition of complaint in the court of the Chief Judicial Magistrate, Patna, stating therein, inter alia, that petitioner no.1, who was officer-in-charge of a police station filed requisition for issuance of warrant of arrest as well as processes against one Rakesh alias Babloo son of the complainant and the court passed an order issuing processes against the aforesaid person. On 18-1-1989 for execution of the processes under Sections 82 and 83 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code the petitioner no.1 and petitioner no.2 (sub-Inspector of Police) are said to have entered the house of the complainant forcibly after breaking open the door armed with weapons. The complainant having learnt about the said order got records of criminal case, in which processes were issued, inspected and the court directed the complainants son who is an accused in that case to surrender. The complainants son thereafter surrendered in court an








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