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2000 Supreme(Pat) 1099

A.K.SINHA
Narayan Chandra Mukherjee And Others – Appellant
Versus
State Of Bihar – Respondent


Judgment

A.K.Sinha, J.

1. Both these applications were heard together as both the cases arise out of the common facts and common relief, inasmuch as, in both the cases, it has been prayed that the entire criminal proceedings including the order of cognizance taken in Complaint case No. 141/99 (T.R. No. 839/99) pending in the Court of Sri K.K. Singh, Judicial Magistrate, Jamshedpur, may be quashed.

2. In both the cases, the facts are almost similar. The petitioners case, in short, is that the complainant (opposite party No. 2) filed a complaint-petition in the Court of the Chief Judicial Magistrate, Jamshedpur, on 8.3.1999 against the petitioners which was transferred to the file of Sri K.K. Singh, Judicial Magistrate, Jamshedpur, under Sec. 192(2) Cr.P.C. for disposal and the learned Magistrate recorded the statement of the complainant as well as the statement of sole witnesses, namely, B.R. Chakraborty and took cognizance in the case under Secs. 408, 418 and 120-B of the Indian Penal Code and passed order for issuing summons against the accused-petitioners. Later on, warrant of arrest and processes under Sec. 82, Cr.P.C. were also issued. The brief facts, in the complaint-petition








































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