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2000 Supreme(Pat) 735

P.K.SINHA
Ajay Kumar – Appellant
Versus
Girijanand Prasad – Respondent


Judgment

1. ORDER :-

Quashing appliction bearing Cr. Misc. No. 2018 of 1998 has been filed by Dr. Ajay Kumar, the City Superintendent of Police, Patna at the relevant time, whereas quashing application bearing Cr. Misc. No. 8644 of 1996 has been filed by Shri Amrit Singh Nimbran. The Senior Superintendent of Police, Patna at the same time, under Sec. 482 of the Code of Criminal Procedure (The Code, in short) both praying therein to quash the order dated 17-9-1994 passed by Sri Birendra Singh, the then Judicial Magistrate, Ist Class, Patna in Complaint Case No. 933(C) of 1992 whereunder, after enquiry, the learned Magistrate had found that a prima facie case against the petitioners was made out under Secs. 323 and 504 of the Indian Penal Code and there were sufficient grounds for proceeding against them, further directing the complainant to file requisites for issuance of summonses against them. Both the cases emanate from the same complaint case which was filed by Shri Girija Nandan Prasad, hence have been heard together and, with consent of the parties are being disposed of under this order.

2 The facts, briefly stated, as in the complaint petition, Annexure 1 which was filed again

























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