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2010 Supreme(Pat) 802

SHEEMA ALI KHAN
Sadan Kumar Mishra Son Of Late Sachidanand Mishra – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State.

2. The petitioner is aggrieved by the order dated 7.5.2005 passed by the Chief Judicial Magistrate, Bettiah in Shikarpur Police Station Case No. 22 of 2003 and the order dated 10.1.2008 passed by the Additional Sessions Judge, Fast Track Court No.-lll, West Champaran, Bettiah in Criminal Revision No. 138 of 2006.

3. A First Information Report was instituted in which the Police submitted final form which was accepted by the Chief Judicial Magistrate by order dated 8.11.2004 and the matter was transferred to the Court of the Judicial Magistrate, 1st Class, Bettiah to hear the matter on the protest petition filed on 9.3.2003 before the submission of the final form. Thereafter, the Investigating Officer filed an application praying therein for grant of permission for making re-investigation of the case. On 22.4.2005, the Chief Judicial Magistrate called for the records of Shikarpur Police Station Case No. 22 of 2003 from the Court of the Judicial Magistrate, 1st Class, and passed an order permitting for further investigation of the case. It is contended on behalf of the petitioner that





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