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1999 Supreme(Pat) 1089

P.K.DEB
Bacha Devi Alias Bacha Dai Devi – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.K.Deb, J.

1. This petition under Section 482 of the Code of Criminal Procedure for quashing the order dated 16.12.1994 passed in Criminal Revision No. 386 of 1994 by the Sessions Judge, Madhubani, whereby the order dated 10.12.1993 of the Judicial Magistrate taking cognizance against opposite parties No.2 to 10 had been set aside.

2. There is chequered history of the case. The petitioner submitted a written report to the Officer-lncharge of Andhra Tharhi P.S. on 15.11.1992 alleging that on that day at about 11 AM. while she was taking out water from her well, opposite parties came to this place variously armed with deadly weapons and at the order of accused Deo Narain Choudhary i.e. opposite party No.2 two of the female accused Bachni Devi and Veena Devi snatched away the water pot from the informant and accused Deo Narayan Choudhary assaulted the informant with back portion of the spade as a result of which she fell down and at the order of Deo Narain Choudhary, other accused persons had lit fire on her and had taken away the ornaments and wearing apparels. She raised alarm as a result of which villagers came to the spot and the accused persons fled away.

3. On investiga


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