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2007 Supreme(Pat) 272

AJAY KUMAR TRIPATHI
Mohammad Yunus – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the parties.

2. The petitioner of this case is a Government official and is holding the post of Enforcement Sub Inspector in the Transport Department, Government of Bihar. On the date in question he was deputed for special vehicle checking drive at Piprakothi in the district of East Champaran, which was being carried out by the Transport Department. His posting is by an official notification in this regard, which has been brought by the petitioner on record as Annexure-2. This is dated 19.6.2003. The petitioner has moved this Court under Sec. 482 of the Code of Criminal Procedure for quashing the entire proceedings in (Piprakothi P.S. Case No. 63/03/G.R. No. 1451/03/T.R. No: 827/06 pending in the Court of Chief Judicial Magistrate, East Champaran at Motihari. He has been charge sheeted under Sec.384 of the Indian Penal Code and cognizance taken against him. Since his application filed under Sec.239 of the Code of Criminal Procedure for discharge was rejected by the learned Chief Judicial Magistrate he had to file the present application challenging the entire criminal proceeding initiated against him.

3. The genesis to the present case is made o
















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