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2006 Supreme(Pat) 514

REKHA KUMARI
Ram Swarup Singh – Appellant
Versus
State Of Bihar, Yogendra Prasad Singh – Respondent


Judgment

Rekha Kumari, J.

1. This is an application filed u/s. 482 of the code of Criminal Procedure, 1973 (hereinafter referred to as the code) for quashing the order dated 3.6.2003 passed by the Additional Sessions Judge IV, Vaishli at Hajipur in Sessions Trial No. 82 of 2001 by which he has rejected the petition of the petitioners u/s. 227 of the Code to discharge them.

2. Heard learned Counsel for the petitioners and learned A.P.P. for the State. No one appeared for Opposite Party No. 2.

3. It appears that a complaint was filed by opposite Party No. 2 against the petitioners before the Chief Judicial Magistrate, Vaishali for taking against them for the offence under Secs. 363, 364, 387/34 of the Indian Penal Code for wrongfully abducting him and his son and keeping them confined and threatening them to commit their murder unless the complainant (Opposite Party No. 2) executed a sale deed in respect of his house and land situated in village Desri, Vaishali. The complainant was examined on solemn affirmation and examined three witnesses in enquiry u/s. 202 of the Code. The petitioners thereafter was summoned to face trial under Secs. 363, 364, 368, 387/34 of the Indian Penal Code.








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