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1996 Supreme(Pat) 617

S.K.CHATTOPADHYAYA
Surujballi Tiwary – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the petitioners: M/s Pradeep Ghosh, P.S. Dayal & R.K. Marathia.
For the Opposite Parties: M/s Deepak Kumar & M.K. Dey.
For the State: Mr. K.K. Jhunjhunwala.

Judgment

S.K. Chattopadhyaya, J.

In this application under section 482 of the Code of Criminal Procedure (shortly the Code) the petitioners has prayed for quashing of the entire criminal proceeding including the investigation pending against them.

2. The facts of the case lie in a narrow compass: on 7.3.95 a complaint was tiled by one Moinuddin of village khairgaon, P.S. Sadar, district Hazaribagh against the petitioners alleging, inter alia, that on 23.3.95 when he was driving truck no. BR 13C 5547 with a cash of Rs.25,000/- to purchase coal from the colliery, petitioner no. 1 (accused no. 1) along with 5-6 unknown persons armed with revolver got the vehicle stopped. The driver was asked to vacate the driving seat by showing revolver with a threat to shoot him if the vehicle with its key including the papers and cash are not handed over to petitioner no. 1, Surujballi Tiwary. The complainant out of fear, handed over the key of the vehicle to petitioner no.1 and then petitioner no.1 got a letter written by one Mangal Pandey at the point of revolver who was there at the place of occurrence. Thereafter, one of the accused persons sat on the driving seat and searched the box and took out

















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