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2012 Supreme(Pat) 161

ADITYA KUMAR TRIVEDI
Surajdeo Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners:M/s Birendra Kumar, Advocate, Mr. Anjani Kumar, Advocate
For the State: Mr. Yogendra Kumar Singh, A.P.P.

JUDGMENT

A.K. Trivedi, J.- Petitioners have filed instant petition for quashing of an order dated 15.04.2010 passed by Additional Chief Judicial Magistrate, Barh, Patna in Bakhtiyarpur P.S. Case No.208 of 2003 by which petitioners have been summoned to face trial for an offence punishable under Sections 147, 148, 149, 341, 323, 338,302 of the I.P.C.

2. Shorn of unnecessary details, S.I. Dillu Lohar recorded his own fardbeyan disclosing therein that while he proceeded to investigate the case bearing Bakhtiyarpur P.S. Case No.207 of 2003 under Section 387 of the IPC and reached at Tiraha Railway Station lying within market, he came to know that accused of Bakhtiyarpur P.S. Case No.207 of 2003 were being chased by a mob towards Railway Station, Bakhtiyarpur, over which he rushed and after arrival at Bakhtiyarpur Railway Station Platform, he found a mob assembled at its western flank which seeing the police, scattered. Then he saw one person in injured condition who disclosed his identity as Ripu Sadan and further that he happens to be FIR named accused of Bakhtiyarpur P.S. Case No.207 of 2003. He had further disclosed that mob chased him and assaulted him with lathi, brick bats. Accor







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