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1983 Supreme(Pat) 193

S.N.JHA
S. C. Jain – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner - Mr. R.P. Katriar Mr. S. K. Katriar
For the State – Mr. Kamta Prasad Gupta

JUDGMENT :

Surendra Narain Jha, J.

In this application under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code), the petitioner has prayed for quashing the ORDER :dated 27.6.1981 passed by a Judicial Magistrate by which he has rejected. The application filed on his behalf under section 205 of the Code and has directed the petitioner to be present in court personally so that the particulars of the offence of which be is accused shall be stated to him.

2. The relevant facts for disposal of this application in short, is that a complaint was filed in the, Court of the Additional Chief Judicial Magistrate, Buxar, alleging offence under section 296 and 298 of the Indian Penal Code, hereinafter referred to as penal Code, on 5.8.1980. The Additional Chief Judicial Magistrate after an enquiry under section 202 of the Code took cognizance of offence under sections 296 and 298 of the Penal Code by his ORDER :dated 16.9.1980. By the same ORDER :, the learned Additional Chief Judicial Magistrate was pleased to ORDER :for issuance of summons to the petitioner for appearance on 30.9.1980 and transferred the case to the court of Md. Mustaquim judicial Magistrate, Buxa




















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