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1975 Supreme(Pat) 97

NAGENDRA PRASAD SINGH
Umakant Dubey – Appellant
Versus
Bhunnu Bhuiyan – Respondent


Advocates appeared:
For the Petitioner: Messrs A.K. Banerjee and D.K. Sarkar.
For Opposite Party : Mr. Jagat Kishore Verma.
For the State: Mr. S.N. Jha, Standing Counsel No.3.

Judgment

Nagendra Prasad Singh, J.

This is an application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the new Code) for quashing an order, dated the 10th July, 1974, passed by the Sub-divisional Judicial Magistrate, Latehar, directing issuance of a warrant of arrest against the accused-petitioner, in exercise of powers conferred by section 204 of the Code, after consideration of an inquiry report submitted by Shree R. Chand, Judicial Magistrate, First Class, Latehar, that a prima facie case under section 326, 307, 395 and 504 of the Indian Penal Code had been made out against the accused-petitioner.

2. From the statements made in the application filed in this Court it appears that the complainant-opposite party no. 1 filed a petition of complaint on the 29th April, 1974 before Shree A.C. Das, Sub-divisional Judicial Magistrate, Latehar, against the petitioner and five unknown persons for their prosecution under sections 147, 326, 342, 395, 504 and 34 of the Indian Penal Code. On receipt of the complaint, the Sub-divisional Judicial Magistrate examined the complainant on solemn affirmation and passed an order saying that it was a fit case in wh





































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