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2000 Supreme(Pat) 309

INDU PRABHA SINGH
Ram Prasad Singh – Appellant
Versus
Uday Shankar Prasad – Respondent


Judgment

1. This is an application in revision under Ss. 397, 398 and 401 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 7-12-1994 passed by Shri Shyam Badan Singh, Chief Judicial Magistrate, Nalanda at Biharsharif in Complaint Case No. 311-C of 1994 whereby he dismissed the petition of complainant under S. 203 of the Code.

2. From the record it appears that the petitioner; as a complainant had filed a complaint petition on 16-7-1994 in the Court of the Chief Judicial Magistrate, Nalanda at Biharsharif against opposite party and six others armed police personnel for their prosecution under Ss. 323, 395, 457 read with S. 34 of the Indian Penal Code. In the complaint petition it was alleged that in the night between the 14th and 15th day of July, 1994 while the complainant was away from his house opposite party No. 2 along with six armed police constables came to his house and asked his son Sashi Pal Keshri (P.W. 1) to open the door. He also started hurling abuses on him. When P.W. 1 did not open the door the accused persons started pushing and dashing against it and ultimately P.W. 1 had to open the door. As soon as the door was op

















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