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2010 Supreme(Pat) 1650

RAKESH KUMAR
Atin Kumar Chowdhury – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Rakesh Kumar, J.

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 the order dated 1.9.1998 passed by Sri G.S.R. Tripathi, Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 344 of 1998, whereby the learned Magistrate has taken cognizance of offences under Sections 420 and 406 of the Indian Penal Code against the petitioner and others. The petitioner has also prayed for quashing of the entire proceeding against, him in Complaint Case No. 344 of 1998.

2. After filing of the present petition, a supplementary-affidavit was filed on behalf of the petitioner clarifying the position that the complaint case was transferred under Section 192 (1) of the Code of Criminal Procedure by order dated 30.6.1998 passed by the learned Chief Judicial Magistrate, Gaya for disposal to the file of Sri G.S.R. Tripathi, 1st Class, Gaya. The transferry Court after recording statement of complainant on S.A. and conducting enquiry under Section 202 of the Code of Criminal Procedure, took cognizance of the offence by its order dated 1.9.1998, specifically against Sri Niwas Mundra, Sri Bal







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