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2010 Supreme(Pat) 1347

RAKESH KUMAR
Shambhu Singh @ Abhishek Singh, Son Of Sri Ujjawal Singh @ Ujwal Sharma – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 4.3.2008 passed in Cr. Revision No. 814 of 2007/5 of 2008 by Additional Sessions Judge, F.T.C.rlll, Patna. The petitioner has further prayed for quashing of order dated 10.5.2007 in Pirbahore P.S.Case No. 106 of 2004, G.R. Case No. 1604 of 2004 by the Chief Judicial Magistrate, Patna. By the said order, the learned Chief Judicial Magistrate has taken cognizance of offences under Sections 224 and 225/34 of the Indian Penal Code. By order dated 4.3.2008, the revisional court has affirmed the order of cognizance passed by the Chief Judicial Magistrate.

2. Shri Arvind Kumar Singh, learned counsel appearing on behalf of the petitioner, submits that in the present case, alleged occurrence had taken place in the year 2004. The offence alleged was under Sections 224 and 225 of the Indian Penal Code. Learned counsel for the petitioner submits that for both the offences, period of maximum imprisonment has been prescribed as two years. However, in the present case, cognizance order was passed on 10.5.2007. It was argued


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