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2010 Supreme(Pat) 544

RAKESH KUMAR
Satyadeo Yadav – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

RAKESH KUMAR, J.

1. The sole petitioner, aggrieved with the order dated 23.11.1996 passed by Judicial Magistrate, 1st Class, Siwan in Complaint Case No.1182 of 1996, has approached this Court while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C). By the said order, learned Magistrate, after examining the complaint petition, statement of complainant, which was recorded on S.A. and evidence of three witnesses, had taken cognizance for the offences under Sections 420, 421 and 120B of the Indian Penal Code and ordered to issue process for securing attendance of the accused persons, which include the petitioner.

2. Short facts of the case is that the complainant filed the present complaint before the court of Chief Judicial Magistrate with an allegation that he had sent two money orders from Calcutta to his wife, who was residing at village Jigrawan, Police Station Maharajganj, District Siwan. One money order was sent for Rs.1,000/- and second was for Rs.2,000/-. The money orders were issued in the name of Smt. Sarswati Devi, who is trie wife of complainant. It was alleged by the complainant in the













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