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2010 Supreme(Pat) 2283

RAKESH KUMAR
Seikh Ibrahim @ Md. Ibrahim, Son Of Late Sk. Wahid Ali – Appellant
Versus
The State Of Bihar And Md. Taiyab Ali, Son Of Late Yakub Ali – Respondent


JUDGEMENT

Rakesh Kumar, J.

1. On call, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. However, Sri Md. Musowir, learned Counsel appearing on behalf of Opp.Party No. 2 is present.

2. In this case on earlier occasion, i.e. 31.08.2010 on the prayer made on behalf of the petitioner, the case was adjourned for four weeks to enable learned Counsel for the petitioner to bring on record a copy of the complaint petition of Complaint Case No. 1396 of 2000 by filing supplementary affidavit. From the record, it appears that the petitioner has not complied with earlier order. Meaning thereby that no supplementary affidavit has been filed till today, although the time granted earlier has already expired.

3. I have perused the materials available on record.

4. 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 18.10.2001 passed by Sri Vijay Bahadur Yadav, learned Judicial Magistrate, 1st Class, Katihar in C.A. Case No. 705 of 2001. By the said order the learned Magistrate after being satisfied with the prima facie case has







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