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2010 Supreme(Pat) 2359

RAKESH KUMAR
Vijay Kumar Rai @ Vijay Rai Son Of Late Baijnath Rai – Appellant
Versus
State Of Bihar And Kapildeo Kunwar Son Of Late Ramcharitra – 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 an order dated 22.05.2006 passed by the learned Sub-Divisional Judicial Magistrate, Samastipur in C.R No. 1275 of 2005. By the said order learned Sub-Divisional Judicial Magistrate has taken cognizance of the offence under Section 363 of the Indian Penal Code and summoned the Petitioner to face the trail.

2. Short fact of the case is that opposite party No. 2 on 19.09.2001 filed a complaint in the court of Chief Judicial Magistrate, Samastipur which was numbered as Complaint Case No. 964 of 2001. Subsequently, the complaint petition was referred to the police under Section 156(3) of the Code of Criminal Procedure for its registration and investigation. Thereafter, F.I.R. vide Patory P.S. Case No. 58 of 2004 was registered on 20.05.2004 under Section 364 of the Indian Penal Code against the sole Petitioner. It was alleged in the complaint petition by opposite party No. 2 that on 13.09.2001 the Petitioner had persuaded the son of the complainant to go along with him to Patna and thereafter complainant son






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