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2008 Supreme(Pat) 755

ABHIJIT SINHA
Bhagwan Poddar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner who is one of the accused in Complaint Case No. 190C of 2003 has prayed for quashing of the order dated 25.1.2007 passed by Sri Deepak Kumar Sinha, Learned Presiding Judge, Fast Track Court No. II, Munger, in Cr. Revision No. 421 of 2004, whereby the revision against the cognizance order dated 12.8.2004 passed by the learned Chief Judicial Magistrate, Munger in Complaint Case No. 190C/2003 has been rejected. An additional prayer for quashing the order of cognizance dated 12.8.2004 has also been made.

2. Uma Devi wife of Sudhir Sharma, impleaded herein as OP. No. 2, filed the aforesaid complaint inter a\ia stating that she has her own house and land in khesra nos. 1904, 1906, 1912 and khesra no. 1905 is adjacent to the said khesra and a civil dispute has arisen between the complainant and the petitfoner with regard to khesra no. 1905 in which a decree was passed. The petitioner filed an execution case bearing no. 5 of 1988 to take possession over khesra no. 1905 and the complainant filed a Miscellaneous Case No. 13 of 2000 claiming that the decree cannot be executed as the petitioner has given wrong description and boundary in order to grab the lands of the




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