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1995 Supreme(Pat) 535

S.K.CHATTOPADHYAYA
Suraj Balli Tewary – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.K.Chattopadhyaya, J.

1. In this application under Sec. 482 of the Code of Criminal Procedure (shortly, the Code) the petitioners have prayed for quashing of the entire criminal proceeding including the ivestigation pending against them.

2. The facts of the case lie in a narrow compass : on 27.3.95 a complaint was filed by one Moinuddin of Village Khairgaon, P.S. Sadar, district, Hazaribagh against the petitioners alleging, inter alia, that on 23.3.95 when he was driving truck No. BR 13-G 5547 with a cash of Rs. 2,5000.00 to purchase coal from the colliery, petitioner No. l (accused No. l) along with 5-6 unknown persons armed with rivolver got the vehicle stopped. The driver was asked to vacate the driving seat by showing rivolver with a threat to shoot him if the vehicle with its key including the papers and cash are not handed over to petitioner No. 1,. Surujballi Tiwary. The complainant, out of fear, handed over the key of the vehicle to petitioner No. 1 and then petitioner No. l got a letter written by one Mangal Pandey at the point of rivolver who was there at the place of occurrence. Thereafter, one of the accused persons sat on the driving seat and searched the box














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