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2010 Supreme(Pat) 394

RAKESH KUMAR
Kameshwar Singh @ Kameshwar Pd. Singh Son Of Makhan Singh, Makhan singh Son Of Late Harbans Singh, Arun Singh Son Of Makhan Singh And Tapeshwar prasad Son Of Makhan Singh – Appellant
Versus
The State Of Bihar And Upendra Singh Son Of Ram Shankar Singh – Respondent


JUDGEMENT

Rakesh Kumar, J.

1. The petitioners invoking inherent jurisdiction of this Court under Section 482 Cr.P.C. have questioned the order dated 19.12.1997 passed by Sri Jafar Imam, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 679 (C) of 1995. By the impugned order, the learned Magistrate has rejected the petition dated 1.5.1997 filed by the petitioners pursuant to the order dated 17.2.1997 passed in Cr. Misc. No. 21573 of 1996 by this Court. In sum and substance, in the petition dispute relates to application of Section 468 of the Code of Criminal Procedure, 1973 (Cr.P.C.)

2. The short fact of this case is that earlier on 8.3.1990, an occurrence took place in which Opp. Party No. 2 approached the police with a complaint that the petitioners committed the offence of house trespass. Petitioner No. 1 opened fire through his double barrel gun on the orders given by petitioner No. 2, though none received any injury. As per the said information, a case vide Phulwari P.S. Case No. 73 of 1990 for offences under Sections 307, 448/34 of the Indian Penal Code and Section 27 of the Arms Act was registered on 10.3.1990. While the police was investigating the case, the informa






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