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2001 Supreme(Pat) 851

PRABHAT KUMAR SINHA
Kedar Singh @ Kedar Nath Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Prabhat Kumar Sinha, J.

1. This is a petition under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) preferred by Kedar Singh and six others, accused in Complaint Case no. 1688 of 1997 corresponding to Trial Case no. 805 of 1997, pending in the court of a Judicial Magistrate, first class at Gopalganj, for quashing of the impugned order dated 4.7.1997 recorded in that case by which the learned Magistrate had ordered for issuance of process against the petitioners having found prima-facie evidence against the accused/petitioners for having committed offence under sections 465 and 120B of the Indian Penal Code.

2. The facts in brief are that one Yogendra Singh filed the aforesaid complaint (Annexure-1) against the petitioners first stating therein the family tree. As per allegations Pukaro Kuer had inherited the property of her father, Rajnandan Singh, whereas accused nos. 1 to 5 were Kedar Singh, his son and sons of Paras Nath Singh, another Gotia. It was alleged that Pukaro Kuer was illiterate and used to be ill therefore she wanted to sell her property at which accused/petitioners no. 1 to 5 agreed to purchase her three bighas land for a c













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