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2002 Supreme(Pat) 112

CHANDRAMAULI KR.PRASAD
Abdullah Khan – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In this application filed under S. 482 of the Code of Criminal Procedure, prayer made by the petitioners is to quash the order dated 10-4-2001 passed by the Judicial Magistrate, Ist Class, Bettiah in Complaint Case No. 1434 (C)/2000 (Trial No. 1540 of 2001), whereby the learned Magistrate, having found that a prima facie case under Ss. 302, 201/34 of the Indian Penal Code has been made out, directed for issuance of process.

2. Bereft of unnecessary details, facts giving rise to the present application, is that the complainant O.P. No. 2 Maqbool Ahmad, filed a petition of complaint in the Court or the Chief Judicial Magistrate, Bettiah for proceeding against the petitioners for commission of offence under S. 302/34 of the Indian Penal Code. The Chief Judicial Magistrate perused the complaint petition and after hearing the counsel for the complainant, by order dated 11-9-2000, made over the case to another magistrate for disposal in accordance with law, in exercise of its power conferred under S. 192(1) of the Code of Criminal Procedure (hereinafter referred to as the Code). The transferee Magistrate, examined the complainant on oath and decided to hold an inquiry under S.
























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