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2008 Supreme(Pat) 658

ABHIJIT SINHA
Lakshman Bhagat – Appellant
Versus
State Of Bihar – Respondent


Judgment

Abhijit Sinha, J.

1. The Petitioner who is one of the accused in G.R. No. 2978 of 1997, arising out of Vaishali P.S. Case No. 175 of 1997, is aggrieved by and prays for the quashing of the Order dated, 18th January, 2007 passed by Sri S.K.Tripathi, Judicial Magistrate, first Class, Vaishali at Hajipur, whereby he has directed the Petitioner to produce the document which is not in his possession.

2. One Satrughan Bhagat, impleaded as Opposite party No. 2 herein, the Complainant, filed a Complaint Petition No. 2138 of 1997 before the learned Chief Judicial Magistrate, Hajipur, which was transmitted to the concerned Police station under Section 156(3) Cr.P.C and on the basis thereof the aforesaid Vaishali P.S. Case No. 175 of 1997 was registered under Sections 420, 417, 467, 468, 472 and 120-B I.P.C.

3. Briefly stated, the prosecution case is that the informant has three other brothers of whom the youngest brother, Ramji Bhagat, is handicapped, the third brother, Ramanand Bhagat, resides in his Sasural at Simra and looks after the lands gifted to him by his father-in-law. It is alleged that all the accused persons having entered into a conspiracy had transferred 25 1/4 decimal







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