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2012 Supreme(Pat) 1333

RAKESH KUMAR
Ashok Kumar Ray – Appellant
Versus
State Of Bihar – Respondent


ORDER

1. Heard Sri Gopal Govind Mishra, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Sri Pranab Kumar learned counsel, who has appeared on behalf of the informant/Opp.Party no.2 on instruction of Sri Anant Kumar, learned counsel for Opp.Party no.2.

2. 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 31.08.2010 passed by the learned Chief Judicial Magistrate, Katihar in Katihar P.S.Case No.142 of 2009. By the said order, the learned Magistrate has taken cognizance of offence 406,420, 379 and 506 of the Indian Penal Code.

3. Short fact of the case is that Opp.Party no.2 initially filed a complaint in the court of the learned Chief Judicial Magistrate, Katihar, which was subsequently referred to the police under Section 156(3) of the Code of Criminal Procedure for its registration and investigation of the case and thereafter, an F.I.R. vide Katihar Town P.S. Case No.142 of 2009 was registered for the offence under Sections 406,420,379 and 506 of the Indian Penal Code. The case was investigated and after collecting the evidence corrobor




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