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2010 Supreme(Pat) 2620

JYOTI SARAN
An Application Under Section 482 Of the Code Of Criminal Procedure mehru Nisha Wife Of Late Hafiz . . . Petitioner ahmad, Resident Of Village- mubarakpur, Police Station- salkhua, District-saharsa – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Jyoti Saran, J.

1. Heard learned counsel for the parties.

2. This application is directed against the order dated 3.2.2001 passed in Cr. Rev. No. 17 of 2001 (Mehru Nisa V/s. State of Bihar) by the learned Sessions Judge, Saharsa preferred on behalf of the petitioner assailing the order dated 5.1.2001 passed by the Chief Judicial Magistrate, Saharsa in Salkhua P.S. Case No. 64 of 2000 whereby the Chief Judicial Magistrate, Saharsa has discharged the F.I.R. named accused and had taken cognizance against two non-F.I.R. named persons namely Md. Akbar @ Laloo and Md. Akhlad on the basis of the final form/charge-sheet submitted by the police.

3. Brief facts of the case is that the petitioner is the widow of deceased Md. Hafiz Ahmad of Village-Mubarakpur, P.S.- Salkhua, District-Saharsa. It is stated that on the date of occurrence, her nephews namely, Md. Abu Fateh, Md. Gauhar @ Munna and Md. Kalam, all sons of Md. Salauddin alongwith Md. Sanjar son of Abu Fateh, Md. Naushad and Md. Ajaj had come to the residence of the informant-petitioner on motorcycle and it is stated that during the course of altercation which took place in relation to certain landed property, accused Md. Abu























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